CCJ confusion

Benight · 4 June 2019 at 3:27PM

Quentin wrote: »

...
The point being made is that although the ccj does die after 6 years the debtor still owes the money until it's paid!

With respect, you are not making a point, just reiterating a falsehood perhaps in the hope if you do so often enough, others may start to believe you.

I have backed up my posts with links to various authorities that justify why I believe what you have posted is incorrect.

i.e. this is incorrect

But after 6 years in either country the ccj ... no more enforcement action can be taken through the court

At least as far of the law of England & Wales is concerned

Quentin wrote: »

Despite what you say, after 6 years a ccj is expunged from the records

You mean in accordance with what I have posted?

[Deleted User] · 4 June 2019 at 3:31PM

AFAIK if after 6 years the CCJ is not paid then the creditor could go to the court again to re-apply for the CCJ, thus adding it back onto ones files again.

And that once CCJ status has been reached, the debt no longer becomes Statute Barred.

Am I wrong?

Benight · 4 June 2019 at 3:45PM

!!! wrote: »

AFAIK if after 6 years the CCJ is not paid then the creditor could go to the court again to re-apply for the CCJ, thus adding it back onto ones files again.

And that once CCJ status has been reached, the debt no longer becomes Statute Barred.

Am I wrong?

Yes, you are wrong

Please read my posts above to understand why

LokiJoe · 4 June 2019 at 8:37PM

This is quite interesting to me at the moment as I have a CCJ on my credit file from 2011 but it was renewed in 2017 so do I assume that the clock starts again from then? Or is there an error somewhere? I don't mean not paying the debt I mean should it not show on my file anymore?

hannahkaty · 5 June 2019 at 10:56PM

So to recap as i've gotten a bit confused with all the back and forth:

after 6 years although the debt doesn't die (obviously) the CCJ (satisfied or not) does drop off your file and the public registry 6 years after the date of enforcement, so in my case July 2020.

The creditor can enforce the CCJ at any time in the 6 years, after those 6 years however they would need to apply for permission from the court to enforce?(https://www.kjplaw.co.uk/limitation-on-enforcing-judgment-debts/)

The creditor i owe to and haven't satisfied have made no effort to collect since I found out about the CCJ (didn't find out till after it was issued as i'd moved house) so if i'm reading the two case law websites correctly they could potentially struggle to enforce after July 2020.

Please correct me if this is incorrect. Thanks everyone with your patience on this one!