CCJ being enforced after 6 years

missah

Hi,

I’ve had a look and read through loads of posts on here about similar issues but still need some specific advice.. if anyone can help I’d be really grateful!!

So long story short, I received a letter today from an enforcement agency about an old rental arrears debt I have dating back 7 years now. It’s requesting a payment of £4000 and according to the letter it’s a CCJ that was issued in early 2013. I haven’t heard anything regarding this debt for the past 6 years.

I don’t recall ever receiving any CCJ paperwork, from memory I believe it was just an outstanding debt - however I was young and admittedly burying my head in the sand abit over debts at that point so I’m not entirely sure.

The circumstances surrounding the debt were that I was living in my first property with my two young children and receiving help with my rent for the first 4 months. I then tried to get back on my feet after having the babies and got a new job. The rent had then of course become my responsibility which I started to pay. Just a month later, there was a burst pipe and flood in the flat which I reported to my landlord. He visited and looked at it (my hallway was flooded at the time and the rest of the property would bubble up with water as you stepped on the floor). Anyway, he refused to repair it because the building was due to be knocked down a few months later.

I stopped paying rent and saved to move home, which I did 3/4 months later. I had a visit from someone shortly after moving asking questions about my circumstances in regards to the debt, which I answered. I was then told that the debt would not be collected as I had no means to pay. (I received a letter shortly after, confirming this). Then nothing until now.

I’ve read on here that a CCJ can in fact be enforced after 6 years.. I’ve contacted stepchange for advice as I have a DRO in place regarding other debts and they’ve basically said there’s nothing I can do except revoke my DRO and apply for bankruptcy instead (I didn’t include this one as I thought it was written off) I then contacted the court (who had a completely wrong address for me) and they said it had been with a different court since 2017.

My questions are:

1) Can I apply to set this judgement aside?

2) What would be the best grounds to do so?

I’m worried as I have no evidence regarding the explanations I’ve given above.

Any help would be greatly appreciated! Thanks

[Deleted User]

What year did you stop paying the rent?

missah

It was in 2012

[Deleted User]

So the CCJ was issued in 2013 which is perfectly legal and not after 6 years.

What date in 2013 was it issued?

missah

Yes, I just didn’t realise I had a CCJ until now. And I didn’t include the debt in my DRO because I thought it was written off and that a debt couldn’t be enforced after 6 years.. Of course I was wrong.

missah

It says the CCJ was issued in May 2013

LordSmug

missah wrote: »

Hi,

I’ve had a look and read through loads of posts on here about similar issues but still need some specific advice.. if anyone can help I’d be really grateful!!

So long story short, I received a letter today from an enforcement agency about an old rental arrears debt I have dating back 7 years now. It’s requesting a payment of £4000 and according to the letter it’s a CCJ that was issued in early 2013. I haven’t heard anything regarding this debt for the past 6 years.

I don’t recall ever receiving any CCJ paperwork, from memory I believe it was just an outstanding debt - however I was young and admittedly burying my head in the sand abit over debts at that point so I’m not entirely sure.

The circumstances surrounding the debt were that I was living in my first property with my two young children and receiving help with my rent for the first 4 months. I then tried to get back on my feet after having the babies and got a new job. The rent had then of course become my responsibility which I started to pay. Just a month later, there was a burst pipe and flood in the flat which I reported to my landlord. He visited and looked at it (my hallway was flooded at the time and the rest of the property would bubble up with water as you stepped on the floor). Anyway, he refused to repair it because the building was due to be knocked down a few months later.

I stopped paying rent and saved to move home, which I did 3/4 months later. I had a visit from someone shortly after moving asking questions about my circumstances in regards to the debt, which I answered. I was then told that the debt would not be collected as I had no means to pay. (I received a letter shortly after, confirming this). Then nothing until now.

I’ve read on here that a CCJ can in fact be enforced after 6 years.. I’ve contacted stepchange for advice as I have a DRO in place regarding other debts and they’ve basically said there’s nothing I can do except revoke my DRO and apply for bankruptcy instead (I didn’t include this one as I thought it was written off) I then contacted the court (who had a completely wrong address for me) and they said it had been with a different court since 2017.

My questions are:

1) Can I apply to set this judgement aside?

2) What would be the best grounds to do so?

I’m worried as I have no evidence regarding the explanations I’ve given above.

Any help would be greatly appreciated! Thanks

Why, having read loads of posts on here already, do you wish to spend money you can probably ill afford (as you are on a DRO) to attempt to set this old judgement aside? :huh:

Concentrate your efforts & money on those who are interested in being repaid.

Someone who has wasted their own hard earned cash on getting a CCJ against you, and not then follow up to enforce that court judgement that you disobeyed, obviously has so much money that the £4k they were owed by you was unimportant to them. They have done what they wished to achieve. And you would have suffered the consequences of that for the period as defined by statute.

[Deleted User]

But it hadn't been been 6 years.
If you stopped paying in 2013 then 6 years would have started from that date and the CCJ was issued within that time frame.
Why did you believe/think that a £4k debt was simply struck off the record without checking?

And when in 2013 was the CCJ issued - the next answer may help you, if you can answer...

[Deleted User]

missah wrote: »

It says the CCJ was issued in May 2013

So it's now unenforceable as the CCJ would have lapsed in May 2019.

Is it off your credit files now?

The person who issued it would need to apply to the court again for a new CCJ now to make it enforceable again.

missah

Thanks, I read that too so I have tried to call the new court who’s now dealing with it to see if an application was made to start enforcing it again, and I’m waiting for someone to look into it and call me back.

[Deleted User]

Check your 3 credit files as well to confirm that it has been removed from them as well