Ccj due to expire this year!

modder25

Hi all,

I have a CCJ which is due to expire in November this year. It is an unpaid CCJ for £1800, of which I have never made a payment too. However I am in a posiition now where I could potentially afford to pay this off in the near future.

My question is... if I were to pay this CCJ off would it then reset the 6 year clock? Or sould I leave it and let it drop off my fle after 6 years?

I only found out about the CCJ when I joined Experian 2 years ago and I have never heard anything from any company regarding this.

I have also never had any paperwork stating that I will be issued with a CCJ but this is probably my fault for not issuing the creditor with my new address.

Any advice on this will be much appreciated.

Many Thanks.

fermi

The CCJ will be removed from your credit file after 6 years whether it is paid or not.

MrSilk

I'm in the same boat, CCJ from 2008 for £306. Although I got the papers I did not reply to the court. Never heard anything more about the debt since 2008 (I think it was from Orange). Mine is due to drop off in August. Luke you, I can pay the debt off, however there wouldn't be any advantage to doing so. If I was being chased for it then of course, I'd pay this off but as I've not heard anything since 2008, I'll just wait it out.

If you've not heard anything, just wait until it drops off

Ant.Evs

Im pretty sure that a CCJ never ever becomes statute barred so at any point they wanted they could apply for an attachment of earnings etc it would still however drop off your credit files after 6 years regardless.

Maybe someone else here will clarify this for you.

Hope this helps

Tixy

Im pretty sure that a CCJ never ever becomes statute barred so at any point they wanted they could apply for an attachment of earnings etc it would still however drop off your credit files after 6 years regardless.

After 6 years to take any enforcement action they would need to go back to court to obtain permission and to give a 'satisfactory' reason to the court as to why they did not try to enforce the debt earlier. It is rare for a court to allow enforcement after 6 years.

But you are right that legally the debt/CCJ is still owed and if the creditor were able to take recover the debt without using the court then they are able to do so (e.g. benefit debt can potentially be taken from future benefits years later etc)

modder25

MrSilk wrote: »

I'm in the same boat, CCJ from 2008 for £306. Although I got the papers I did not reply to the court. Never heard anything more about the debt since 2008 (I think it was from Orange). Mine is due to drop off in August. Luke you, I can pay the debt off, however there wouldn't be any advantage to doing so. If I was being chased for it then of course, I'd pay this off but as I've not heard anything since 2008, I'll just wait it out.

If you've not heard anything, just wait until it drops off

Thank you for your reply, I'll wait and let it drop off I think. Do you know if the CCJ can be enforced again?


Thanks again

MrSilk

modder25 wrote: »

Thank you for your reply, I'll wait and let it drop off I think. Do you know if the CCJ can be enforced again?


Thanks again

No worries!. What was the CCJ for?

modder25

Tixy wrote: »

After 6 years to take any enforcement action they would need to go back to court to obtain permission and to give a 'satisfactory' reason to the court as to why they did not try to enforce the debt earlier. It is rare for a court to allow enforcement after 6 years.

But you are right that legally the debt/CCJ is still owed and if the creditor were able to take recover the debt without using the court then they are able to do so (e.g. benefit debt can potentially be taken from future benefits years later etc)

Thank you for your reply. If the court did deny the creditor permission how would I find out if they are going to do attachment of earnings etc? I only ask as they don't have my address but instead of them taking money from my earnings I'd rather offer a full and final and not have another CCJ.


Thanks again

modder25

MrSilk wrote: »

No worries!. What was the CCJ for?

It was for a car loan from Welcome Finance. I handed the car back but the remaining debt was made up of monies still owed, interest and probably charges


If after November I hear from them I think I would rather just offer a full and final rather than have another CCJ

rizla_king

You can't have another CCJ for this.

Tixy

modder25 wrote: »

Thank you for your reply. If the court did deny the creditor permission how would I find out if they are going to do attachment of earnings etc? I only ask as they don't have my address but instead of them taking money from my earnings I'd rather offer a full and final and not have another CCJ.


Thanks again

If the court denies the creditor permission to enforce the debt after more than 6 years then they cannot get an attachment of earnings at all.

In reality if they let it go 6years then there is very little chance of them even trying to go back to court (as they will know it would most likely be declined).