2 CJJs for same debt

stclair

I was wondering if anyone could assist me.

My other half was issued with a CCJ in 2006 from a creditor. The balance was never paid in full and now the debt has been old onto another company. Now the 2nd company have now written to them with paperwork for a county court judgement.

My question is can a CCJ be issued twice for the same debt? Even though the debt has passed to another company for collection.

Many thanks

MrsTinks

It's possible that they might need to seek a new CCJ as the original would have named the original creditor - or it could be that they haven't managed to finish getting payments within the usual 6 years so are seeking permission from the court to continue to pursue the debts. Is there a reason your partner has not dealt with this debt?

The more detail the easier it's going to be for us to work out what is happening and what you can do...

stclair

Im not sure to be honest however ill be having the conversation later.
My understanding was a CCJ was outstanding with the original creditor then the if the debt was transferred on. The new company wouldn’t be able to issue a new CCJ as it would mean 2 CCJs would be for for the same debt.

National_Debtline

Hi

You should only have one CCJ per debt. The rights to collect under that CCJ would transfer over if a new company bought the debt.

The original CCJ would only stay on the court’s records and the debtor's credit files for 6 years though. What can sometimes happen is the new owners of a debt might not realise there was originally a CCJ so may think they’re just starting the first court claim. If that’s the case your partner could potentially defend the claim on the basis that the debt is statute barred if there were ever 6 years with no payments or written acknowledgement. Technically it wouldn’t be statute barred due to the previous CCJ, but the new claimant would need to prove the that.

Alternatively it may just be the new debt owner seeking to enforce the old CCJ with the court’s permission, as MrsTinks suggested.

James
@natdebtline

stclair

National_Debtline wrote: »

Hi

You should only have one CCJ per debt. The rights to collect under that CCJ would transfer over if a new company bought the debt.

The original CCJ would only stay on the court’s records and the debtor's credit files for 6 years though. What can sometimes happen is the new owners of a debt might not realise there was originally a CCJ so may think they’re just starting the first court claim. If that’s the case your partner could potentially defend the claim on the basis that the debt is statute barred if there were ever 6 years with no payments or written acknowledgement. Technically it wouldn’t be statute barred due to the previous CCJ, but the new claimant would need to prove the that.

Alternatively it may just be the new debt owner seeking to enforce the old CCJ with the court’s permission, as MrsTinks suggested.

James
@natdebtline

That's great thought that was the case.

An emails been sent to the court to request a copy of the Original CCJ.