Credit card ccj

martinlamp

I have just found out I have a ccj from a credit card. I last paid something towards the debt 6 years ago. The debt is for £828 and I'm slightly worried about bailiffs. Would the court send bailiffs for a debt this low? Any help much appreciated

National_Debtline

Hi martinlamp and welcome to MSE,


If the judgement is in default then I am afraid there is a risk of enforcement action and that includes bailiffs, even for this amount. Try not to worry as you would get 7 days warning before they visit and as long you don't let them in, lock the doors, and hide anything valuable outside - there isn't much they can do.


With regard to the CCJ itself you may be able to dispute it on the grounds of limitations. However, what is relevant here is when they got the CCJ. The creditor has 6 years from when the debt falls due to start court action, and if they did this, I am afraid it wouldn't be statute barred and you would need to apply to the court to repay the debt. By varying the judgement to pay instalments that are agreed, you can prevent bailiffs.


However, if the CCJ should never have been made (because the creditor was too late to start court action) you could challenge the judgement by applying for a set aside. Could you please post some more dates for future posters, such as when you last paid anything to the debt and the date of the judgement so we can better assess if you may be able to apply for a set aside. Best of luck,


Laura
@natdebtline

martinlamp

That's the thing I don't have the exact date. The judgement was taken out on the 27th July and it was sent to an old address. I need to contact who the debt is from so.i can ask them for information on last payment dates. I know it was 6 years ago but do not have the exact date

National_Debtline

Hello again,


Unfortunately, court papers only have to be sent to the last known UK address. So, if you had moved and not updated them, that is why the paperwork was missed.


If you are unsure what this is for you can call the court (that set the judgement as shown on your credit file), quote the reference number and ask them who the claimant was. Hopefully this will shine more light on the situation, but sometimes the claimant is just a debt collector and so, you may also need to call the debt collector to find out what they are chasing. You can ask them for more information about the last payment made, but now they have secured a CCJ, they may not be particularly forthcoming.


Your choices will be to try and challenge the CCJ with a set aside application or to accept the judgement and apply to vary the judgement (if you can't pay it in full). To challenge the judgement will cost up to £255 (you may get this discounted with an EX160 if you are on benefits or low income). If you are successful the claimant will need to reissue the claim forms and you may be able to defend on the grounds of limitations. However, if you are unsuccessful the CCJ will stand, and you may incur the legal costs of the other side as well. You should get legal advice before you attempt this application.


I will also mention that if you were to pay the CCJ in full within 1 month of the judgement date, then the CCJ will be removed from your credit file - in case this is an option. Good luck,


Laura
@natdebtline