Additional card holder issued CCJ by Ex partner

Tixy

I heard that having a satisfied CCJ is basically just as bad as having an unpaid CCJ.....
not much difference - in theory its possible to get subprime mortgages / subprime credit with satisfied CCJs but you are less likely to get them with unsatisfied ones - but in terms of decent credit then not much difference.

How would she know when I return to the UK?
family? friends? facebook? hires a tracing agent in a few years?

Is there no way that I can pay installments without the CCJ being recorded on my credit file?
no, not unless you can get it set aside as per previous comments/discussion

gavandcarly

Thanks again.

So if I get it set aside, and she wins again, I will be in the same situation right? The CCJ will be recorded on my credit file, even if I pay in installments?

Kyresa

One important point that's been missed - copied info from ConsumerActionGroup:


A CCJ can be enforced at any time - there is no statute of limitations on it i.e. 6 years. However the information will be erased from the CCJ register and therefore your credit record. But the debt still exists and debt collectors can come calling 10 years or more after. It is always essential if you pay a CCJ that you keep the paperwork recording final payment indefinitely.

Kyresa

gavandcarly wrote: »

Thanks again.

So if I get it set aside, and she wins again, I will be in the same situation right? The CCJ will be recorded on my credit file, even if I pay in installments?

Can I suggest trying to get a loan? get a set aside, pay her in one lump sum (make sure you get an acknowledgement or some sort of receipt!) and then pay off the loan in installments, even with interest it will be less than the court costs!!

Tixy

Kyresa wrote: »

A CCJ can be enforced at any time - there is no statute of limitations on it i.e. 6 years. However the information will be erased from the CCJ register and therefore your credit record. But the debt still exists and debt collectors can come calling 10 years or more after. It is always essential if you pay a CCJ that you keep the paperwork recording final payment indefinitely.

A creditor has to go back to court to obtain permission to take enforcement action after 6years from the date of judgement, and give a reason as to why it was not enforced sooner.

Tixy

Kyresa wrote: »

Can I suggest trying to get a loan? get a set aside, pay her in one lump sum (make sure you get an acknowledgement or some sort of receipt!) and then pay off the loan in installments, even with interest it will be less than the court costs!!

Sounds fairly unlikely they'll be able to get a loan if they've just moved to a new country and haven't yet had chance to establish themselves there yet in terms of a credit record.

And I'm not sure that interest on a loan and set aside court costs would be less than the current court costs, although obviously that depends on what interest rate he would need to pay if he could obtain a loan in his new country of residence.

Kyresa

Tixy wrote: »

Sounds fairly unlikely they'll be able to get a loan if they've just moved to a new country and haven't yet had chance to establish themselves there yet in terms of a credit record.

And I'm not sure that interest on a loan and set aside court costs would be less than the current court costs, although obviously that depends on what interest rate he would need to pay if he could obtain a loan in his new country of residence.

A loan could be from friends/family/a credit card

A loan doesn't have to be from a bank

Kyresa

Tixy wrote: »

A creditor has to go back to court to obtain permission to take enforcement action after 6years from the date of judgement, and give a reason as to why it was not enforced sooner.

Have a read:

http://www.consumeractiongroup.co.uk/forum/showthread.php?286833-CCJ-over-12-years-in-England


The ccj continues but there has to be good reason - not being in the country I'd say was a good reason to be honest!

Tixy

Kyresa wrote: »

Have a read:

http://www.consumeractiongroup.co.uk/forum/showthread.php?286833-CCJ-over-12-years-in-England


The ccj continues but there has to be good reason - not being in the country I'd say was a good reason to be honest!

I've seen cases where it has gone both ways when the debtor has been out of the country, 1 where it was deemed sufficent reason, another where the court wouldn't allow enforcement after the 6years.
I'd personally agree that the debtor not being in the country was a good reason to allow ongoing/later enforcement (but then I don't work for the courts to have to make the call!)

MoneyMagic01273

if the OP successfully applies to have the original judgement set aside and new hearing date is set, if judgement was again for the plaintiff wouldn't the OP at least have the opportunity to settle the new judgement within 28 days in order to avoid having the CCJ recorded on his file?