Can i statute barr a ccj after 6 years if i havent paid anything or made contact?

liam2010

It'll be 6 years in january and ive been officially homeless for all that time, can i get it wiped off?

HappyMJ

liam2010 wrote: »

It'll be 6 years in january and ive been officially homeless for all that time, can i get it wiped off?

Homeless? You won't have much of a credit rating in any case. The debt won't be reported to credit reference agencies any more and no court action can be taken to enforce the debt but as you're homeless taking you to court would be a pointless exercise anyway as you will not have anything a bailiff could take. I wouldn't worry about an old debt and get yourself more stable accommodation.

liam2010

well ive been working for the last year now so i could get a mortgage, i live up north so a little flat for 60k would do me, i want to know if i can get rid of this ccj/debt when the 6 years are up

sourcrates

liam2010 wrote: »

well ive been working for the last year now so i could get a mortgage, i live up north so a little flat for 60k would do me, i want to know if i can get rid of this ccj/debt when the 6 years are up

You can't "get rid of it", CCJ's do not become statute barred, however, if a creditor tried to enforce the judgement, after the expiration of 6 years, they would have to go back to court to seek permission.

This would usually be denied, as six years is seen as time enough to enforce a judgment of the court, but, it depends on the circumstances, it is not a gimme, but probebly would be denied in your case.

It would also disappear from your credit file.

liam2010

i odnt understand how i cant get rid of it but at the same time it wont appear on my credit,

sourcrates

liam2010 wrote: »

i odnt understand how i cant get rid of it but at the same time it wont appear on my credit,

Just a point of law really, technically it would still exist, in reality it would probebly be unenforcable.

HappyMJ

liam2010 wrote: »

i odnt understand how i cant get rid of it but at the same time it wont appear on my credit,

A debt relief order or bankruptcy would get "rid" of it.

The debt will be repaid or written off when you die. I wouldn't worry about it until then and by then I really don't think you'll care either.

Aquamania

sourcrates wrote: »

You can't "get rid of it", CCJ's do not become statute barred, however, if a creditor tried to enforce the judgement, after the expiration of 6 years, they would have to go back to court to seek permission.

This would usually be denied, as six years is seen as time enough to enforce a judgment of the court, but, it depends on the circumstances, it is not a gimme, but probebly would be denied in your case.

It would also disappear from your credit file.

As the OP claims to have been homeless for the last 6 years, (but does appear to have had internet access for at least 5 years, even if not continuously :cool:) then the difficulty this would cause the original claimant to enforce the original judgement in those 6 years due to the defendent having no fixed address, makes me believe the court would allow enforcement this late on, if the claimant thought it worthwhile.

Now if the defendent were to attend court and tell the court why he feels it should not be enforcable after all this time, that may help his case, but then again, don't be surprised if when in court, the defendent is not asked by the court why he has made no attempt for the last 6 years to pay the judgement that the court has previously made against him. :cool:

macman

How are you intending to get a mortgage without a fixed address though? No credit history for 6 years, not on electoral roll...

Aquamania

One thing a court is usually good at is getting to the truth, and those that lie are usually given short shrift by the court.

In November 2011, (less than 4 years ago) the OP posted claiming to have recently moved into a property, a property he himself decorated, and he even applied to change the energy supplier at that address.
http://forums.moneysavingexpert.com/showpost.php?p=48823547&postcount=1

Is this really the action of a truly homeless person??? :cool:

National_Debtline

Hi Liam


An incomplete address history over the past six years will seriously hinder your chances of getting approved for a mortgage.


As sourcrates explains further above, the CCJ will drop off your file after six years but can still be enforced i.e. using bailiffs, wage deductions etc. with the court's permission. The creditor can still ask you for repayment without needing to go to court.


Dennis
@natdebtline