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Unenforced CCJ
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IfOnlyId
Posts: 1 Newbie
I have a CCJ from early 2013 but have had not contact from the creditor since just after the judgement when they sent an attachment of earnings form, which I ignored b/c I intended to have the judgment set-aside. Is it worth now still getting it set-aside and risk reminding the creditor about the judgment and having to fight it or wait the 2 odd years for it to fall off my credit file?
Is there a way of finding out more about the debt as well? The actual debt is well over 10 years old and has been passed to different collection agencies. Can I find out if the creditor is insolvent (perhaps its unenforced because they've gone bust). Its been so long I've forgotten who's actually chasing me
Is there a way of finding out more about the debt as well? The actual debt is well over 10 years old and has been passed to different collection agencies. Can I find out if the creditor is insolvent (perhaps its unenforced because they've gone bust). Its been so long I've forgotten who's actually chasing me
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Comments
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Hi,
If the debt was statute barred at the time of judgement, then you can go back to court and attempt to get it set aside, however there is a fee of £255.00 for this, you can get a remission on the fee, dependant on your income.
CCJ's don't become time barred, however if a creditor dosent attempt enforcement for 6 years or more, they would need to go back to court in order to do so.
You can ring the court and ask them for details of the CCJ.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
Hi
Something to bear in mind is that the court would look at whether you acted promptly in making a set aside application, after you first became aware of the CCJ. If you do decide to make a set aside application I suggest taking some legal advice first.
James
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0 -
Contacting the court for all the info they have (particulars of claim, name and address of creditor and solicitor, any attempt at enforcement) does not carry any risk.
But if all has gone quiet for 3 years, I'd not take it further.0
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