CCJ advice

BullShark

HMRC filed a CCJ against me nearly 6 years ago. I haven't received any contact from them since then and the 6 years are up in the next few days time.

Does this fall off my credit file as normal and statute barred?

Thank you

National_Debtline

Hi Bullshark and welcome to MSE,


A CCJ will come off your file 6 years after the date of judgement, but I am afraid this doesn't mean the debt is statute barred as such.

The limitations act states that if there has been no written acknowledgement, payment or judgement in 6 years from the debt falling due then the debt is statute barred. However, the HMRC has already taken court action so this cannot strictly apply. If the CCJ has not been enforced in the 6 years since obtaining the judgement then they will need permission from the court to use standard court enforcement - such as bailiffs or a salary deduction.


Remember that the limitations act only prevents court enforcement, and if the HMRC is denied permission to use county court enforcement they may be able to use other methods to chase it. Such as an amendment to your tax code, direct earnings attachments, deductions from benefits - it really depends what the debt is and how much is owed. Please post more details and I am sure there is more information available to help.


Laura
@natdebtline

sourcrates

Won't be statute barred no, it will fall off your file, but if HMRC attempt to pursue it after the six year deadline, they would have to go back to court in order to do so.

One of two things would then happen, either the judge would say you've had time enough already, and throw it out, or, they will grant permission to enforce the judgement, depends on the curcumstances with option would apply.

But, dependant on why you owe them money, they can still take what's owed from any future benefit, or if they so wish, your bank account (if it's income tax).

BullShark

3k of unpaid PAYE when my wife worked for my business years ago. I was genuinely unaware this was due when a rather aggressive Woman came knocking at our front door in March 10. Rumbled on for a few months until CCJ filed in July 10

National_Debtline

Hi again,


So, because this is PAYE there is no statute of limitations at all. The debt is always recoverable I am afraid, so it doesn't matter that the CCJ is nearly 6 years old. The HMRC can chase the money owed in many ways (without the need for a court order) which can include bailiffs, taking money directly from your bank account, adjusting your tax code if you are now employed and possibly other action as well.


If your business was a limited company and this debt was only in the company's name it may no longer be recoverable if the business has been wound up/ struck off. However, if it is your personal name then I am afraid it is always recoverable. Tax is quite a complicated debt to deal with, you may want to speak to a tax specialist,


Laura
@natdebtline

BullShark

Thanks

Just seems very strange they go through the rigmarole of sending someone out to my house then filing a CCJ and doing nothing about it since...

No communication by letter or phone. Nothing.

BullShark

6 year default period now passed and not heard anything from HMRC, will check with Experian shortly to see if fallen off my credit file.

BullShark

Checked with Experian and its vanished.