CCJ after Bankruptcy

boweso

Hi everyone not sure if this is the right area to ask this question but just been checking my credit score on Clearscore and noticed i have a CCJ dated from 12th September 2016, and I went bankrupt on 23rd August 2016 and the debt on the CCJ was included in my Bankruptcy, is there anything i can do about this while I am still bankrupt (ie, ring the court and have them remove the CCJ from my credit file) or will i have to wait till i have been discharged from my Bankruptcy??

National_Debtline

You could challenge the CCJ by applying to set aside, but that will cost £255 unless you’re on a low enough income or receive qualifying benefits.

From a credit history perspective, if you leave it the CCJ will not be on your credit file much longer than the bankruptcy anyway.

James
@natdebtline

boweso

I currently get enhanced rate Personal Independence Payments and Income based ESA woud that qualify and can you give me more information on how i can go about getting it set aside

Thanks

DCFC79

boweso wrote: »

I currently get enhanced rate Personal Independence Payments and Income based ESA woud that qualify and can you give me more information on how i can go about getting it set aside

Thanks

https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-dont-owe-the-money

sourcrates

If you can get remission on the fee, then it may be beneficial to you.

If not, then its a waste of £255,00 to be honest.

As the Bankruptcy and CCJ will be on your file for a similar amount of time, as James points out.

Aquamania

National_Debtline wrote: »

You could challenge the CCJ by applying to set aside, but that will cost £255 unless you’re on a low enough income or receive qualifying benefits.

From a credit history perspective, if you leave it the CCJ will not be on your credit file much longer than the bankruptcy anyway.

James
@natdebtline

Perhaps not, but as a CCJ is not subject to the limitations act, it remains in force forever, so the claimant can pursue the OP to their grave.

I would go for the set aside option if I were the OP. Then argue it out with the court as to whether or not it really is owed; the OP obviously claims it is not legitimately owed as it was included in their bankruptcy.
(Begs the question why this argument was not put before the court when the claim was originally raised - hopefully the OP genuinely did not know of the claim at the time it was made)

sourcrates

Aquamania wrote: »

Perhaps not, but as a CCJ is not subject to the limitations act, it remains in force forever, so the claimant can pursue the OP to their grave.

The Law states :

A creditor has 6 years in which to enforce a county court judgment.

If they fail to do so within those 6 years, then to attempt enforcement action, after this time, the creditor would need to go back to court to seek the courts permission.

They would need a good reason as to why the creditor had not enforced there rights in the previous 6 years, such as the debtor not been traced, or they have avoided previous attempts at enforcement, or reasons of a similar nature.

Its then at the courts discretion to either allow enforcement action, or not.

Aquamania

sourcrates wrote: »

The Law states :

A creditor has 6 years in which to enforce a county court judgment.

If they fail to do so within those 6 years, then to attempt enforcement action, after this time, the creditor would need to go back to court to seek the courts permission.

They would need a good reason as to why the creditor had not enforced there rights in the previous 6 years, such as the debtor not been traced, or they have avoided previous attempts at enforcement, or reasons of a similar nature.

Its then at the courts discretion to either allow enforcement action, or not.

Are you aware of the case of Lowsley v. Forbes ?
http://www.publications.parliament.uk/pa/ld199798/ldjudgmt/jd980729/lowsley.htm

As I understand it, it was ruled that the legislation barred the bringing of a fresh action, but that execution of the existing judgment did not count as a fresh action. Therefore the claimant was able to take enforcement action.

(However, only a maximum of 6 years interest from the date of the CCJ can be recovered)

Yes, it needs to go back to court, but as well as the complainant probably needing to explain why there has been a delay in enforcing the judgement, the debtor will also have to provide compelling evidence of the extent of prejudice to the debtor by reason of the delay.

The court hearing such application may grant permission in accordance with the application or may order that any issue or question, a decision on which is necessary to determine the rights of the parties, be tried in any manner in which any question of fact or law arising in proceedings may be tried and, in either case, may impose such terms as to costs or otherwise as it thinks just.

Or as I suggested, get the CCJ set aside now and then explain to the court that the debt was included in the bankruptcy (and explain why that defence had not been put forward earlier at the appropriate time)

fatbelly

boweso wrote: »

I currently get enhanced rate Personal Independence Payments and Income based ESA woud that qualify and can you give me more information on how i can go about getting it set aside

Thanks

Here are the details. It's not going to cost you anything

https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx

fatbelly

Aquamania wrote: »

Perhaps not, but as a CCJ is not subject to the limitations act, it remains in force forever, so the claimant can pursue the OP to their grave.

No, the debt is covered by the bankruptcy. The creditor has no right of action.

thunderella

fatbelly wrote: »

No, the debt is covered by the bankruptcy. The creditor has no right of action.

No, there is a current court judgement in place that was issued subsequent to the OP's bankruptcy.

If that court judgement is considered wrong, it needs to be challenged - through the court