Ccj - finally traced someone! How do I issue?

chelleyb

My ex partner did a bunk in 2006. Owing me £15k
I issued a ccj but by that time he'd disappeared off to the states so I'm not sure if it could be issued. I've now found him!!!
He's back in the uk and started a new business. How do I go about issuing? And can I?? I doubt I've still got the original paperwork..

ok - more info. so now I have found a list of CCJs issued against him, I think mine may be one of them but how do I find out? Ive had to pay for the list and everywhere I look on the interet wants to charge me even more!

I know the case numbers (there are three listed, mine could be one of two)

brettcooper1

hi chelley,
sorry to hear this, sounds like youve had a bit of a rough time!
when in 2006 did he dissapear on you? im just trying to work out if its possible this debt could be statute barred...

RAS

If you issued the CCJ previously, the Statute of Limiations does not apply, but you need to take action against him within 6 years of the CCJ.

You will struggle with a DEO and need advice as to whether bailiffs would work.

chelleyb

The ccj I think is mine is December 2006?

kitrat

chelleyb wrote: »

My ex partner did a bunk in 2006. Owing me £15k
I issued a ccj but by that time he'd disappeared off to the states so I'm not sure if it could be issued. I've now found him!!!
He's back in the uk and started a new business. How do I go about issuing? And can I?? I doubt I've still got the original paperwork..

ok - more info. so now I have found a list of CCJs issued against him, I think mine may be one of them but how do I find out? Ive had to pay for the list and everywhere I look on the interet wants to charge me even more!

I know the case numbers (there are three listed, mine could be one of two)

I just wanted to say good luck! He sounds like a first class [something I can't say on here]!!

DVardysShadow

chelleyb wrote: »

My ex partner did a bunk in 2006. Owing me £15k
I issued a ccj but by that time he'd disappeared off to the states so I'm not sure if it could be issued. I've now found him!!!
He's back in the uk and started a new business. How do I go about issuing? And can I?? I doubt I've still got the original paperwork..

ok - more info. so now I have found a list of CCJs issued against him, I think mine may be one of them but how do I find out? Ive had to pay for the list and everywhere I look on the interet wants to charge me even more!

I know the case numbers (there are three listed, mine could be one of two)

Let us be very clear about terminology. An ordinary person is not able to issue a CCJ [County Court Judgement] - issuing is only done by Judges sitting in Courts.

So it is a fair interpretation to think that you applied for a CCJ. If the CCJ was not granted because you did not follow through, then you will be out of time to pursue the debt. If a CCJ was granted, then this:

RAS wrote: »

If you issued the CCJ previously, the Statute of Limitations does not apply, but you need to take action against him within 6 years of the CCJ.

You will struggle with a DEO and need advice as to whether bailiffs would work.

I agree with the above, but I believe that a judgement can be renewed before the 6 years are up, particularly if there is a reason for the original judgement not being enforced.

Bear in mind that if your partner ddi not actually know about proceedings he could apply to have the judgement set aside, but I would expect that you could reinstate the proceedings despite the Statute of Limitations, but that needs an expert view.

chelleyb

Thank you for your replies, however I still need to find out if the ccj is mine? How do I find out if a case number is my case? I seem to be paying out all over again and don't have the money to waste.

chelleyb

I ended up going bankrupt over his debt. So I would want the money to settle those debtors and at least I wouldn't have the stigma of bankruptcy looming over me...

Bravehearted_2

If you went bankrupt, then there is nothing to "settle to those debtors."

Not sure what you mean by having the stigma of bankruptcy as you already have gone bankrupt???

Getting a CCJ against someone is one thing - them paying is another.

You may be better on moving on with your life as you don't even seem to be sure what exactly you've done i.e. issued CCJ, taken action, wanting to pay debtors after going bankrupt...

DVardysShadow

chelleyb wrote: »

Thank you for your replies, however I still need to find out if the ccj is mine? How do I find out if a case number is my case? I seem to be paying out all over again and don't have the money to waste.

A good start would be to tell us what you did. Did you get a ccj against your ex or just apply for it? No point in any advice until you clarify that.

Bravehearted wrote: »

If you went bankrupt, then there is nothing to "settle to those debtors."

Not sure what you mean by having the stigma of bankruptcy as you already have gone bankrupt???

Getting a CCJ against someone is one thing - them paying is another.

You may be better on moving on with your life as you don't even seem to be sure what exactly you've done i.e. issued CCJ, taken action, wanting to pay debtors after going bankrupt...

If the ccj against the ex holds and is settled and the funds are used to settle the debts in the bankruptcy, the bankruptcy can be anulled, which may be helpful to chelleyb.

But it all starts, as you say, with being clear about what has been done to date.

lazer

I think it is very admirable that the OP wants to pay the debts even though she has (most likely) had them written during the bankruptcy.

This is the correct and moral thing to do, if you come into money after having been made BR, it may not be required by law, but I don't see why people are giving the OP grief over wanting to honour her debts no matter what has passed.

As for the CCJ - you need to check if your debt is included in the list. I assume you went to court and the court issued the CCJ against him?