ccj what happens when not paid

6ofus

any advice welcome. will try and keep this as short as possible. partner has a ccj from 2014. two partners in business. both partners had a business credit card and my partner handed his in to bank when business closed - however his business partner carried on using his to book holidays, pay his mortgage, meals out etc. my partner advised the bank that this was happening by letter but there is no proof of this and bank are denying this ever happened. debt is now with robinson way. amount is 7200.00 pounds. no paperwork was received for this but a ccj was issued on 16/01/14. there is nothing to say that the judge ordered a particular amount to be paid weekly/monthly. I have a hand written letter from the person that ran up this debt saying my partner knew nothing about it. as the person who ran up the debt is now penniless he will not be making any contribution to this debt. what do we do next? I have bought my property in my sole name but would like to buy joint property soon. what are robinson way likely to do next. my partner would love for it to be taken back to court so he is able to put his case forward. is this likely? thanks in advance for any help.

sourcrates

Further enforcement can include:

Bailiffs
Attachment to earnings
Charging order
they could be called to court to explain why this was not paid,
Or Robinson way may do nothing.

It’s anyone’s guess.

6ofus

ty

as it was a limited company is it correct that they could take these actions against him personally?

SusieT

6ofus wrote: »

ty

as it was a limited company is it correct that they could take these actions against him personally?

Did he give a personal guarantee for the card?

Thrugelmir

6ofus wrote: »

ty

as it was a limited company is it correct that they could take these actions against him personally?

Was your partner a Director?

Why wasn't the Credit Card company informed when the business ceased to trade? This would have stopped any further spend being allowed.

[Deleted User]

If nothing has come of the CCJ since 16/01/2014 then I'd sit tight until next week when it becomes statute barred and drops off your partner's credit files.

I certainly wouldn't go waking them up with this one so close to the end.

6ofus

Susie T. Good point. I shall look through the paperwork I have (many pages) to see if I can confirm if this is the case - but I suspect he did . I had a few years ago requested a copy of the original agreement from the bank which the company banked with and who supplied the credit card so I will look at this and confirm.

Thrugelmir. My partner claims he wrote to the bank and told them the company had closed. then a few months after this he realised the other person was still using their card so he attended the bank in person (at which point the card had a balance of approx. two thousand) and told them to close the account which wasn't done and the debt rose to around seven thousand. However there is no evidence to support either of these actions.

Lee UK. I am afraid they are already awake but as you have said I will not be making any move for now. the last letter from them dated 2nd January has given him 30 days to respond with an income and expenditure form to complete - he will not be doing this.

Sourcrates - He had a lot of financial issues from years ago (way before we met) that we have sorted out now but this one he 100 per cent says he will not pay and much as I sympathise with him I cannot see how we can ever get a house jointly unless it is sorted as there will always be a threat of a charging order against the property. I will get him to read this as I have been telling him these things but other people (his family members) have been giving him advice like "because it was a ltd company they can't do anything" and "its not your debt because you have got that letter that says …. is responsible for it signed by …..." and "go self employed if there is an attachment of earnings order" and "nothings in your name so the bailiffs can't take anything"

thank you all for your input. I have told him (Nicely) that I have gone as far as I can with this (I sort out all his paperwork and finances now) and he will have to seek proper legal advice but in an effort to enlighten him I thought I would throw it out there to see if there was something I had missed and he can read all your comments to come to his own conclusion and perhaps listen to people that know what they are talking about.

Could someone please just confirm for me. I thought at a ccj hearing a judge would instruct someone to pay xxx amount per month/week. Why would no instruction have been given regarding this?

thanks for you time

sourcrates

County court judgements never become statute barred.
However, if after 6 years a creditor has not enforced their rights under that judgement, they must go back and seek the courts permision to do so.

The court may, or may not allow this, as a rule of thumb, 6 years is concidered time enough, but it does depend on the particular circumstances.

sourcrates

6ofus wrote: »

Could someone please just confirm for me. I thought at a ccj hearing a judge would instruct someone to pay xxx amount per month/week. Why would no instruction have been given regarding this?

thanks for you time

Most likley because it was a "forthwith" judgement, payment required straight away, normally the defendant has to ask for time to pay in their defense, if it wasn`t defended, the judgement will have been for payment forthwith.


These debt purchasing companies very rarely spend money on further enfocement of CCJ`s, most of the time they never turn up in court again anyway.

Thrugelmir

6ofus wrote: »

I am afraid they are already awake but as you have said I will not be making any move for now. the last letter from them dated 2nd January has given him 30 days to respond with an income and expenditure form to complete - he will not be doing this.

You say the last letter. Hoping the matter will simply go away isn't an option. Given the sum involved this will be pursued. A bank will have required the Directors to guarantee the credit facility granted. How the money was spent is of no consequence.

[Deleted User]

6ofus wrote: »

Susie T. Good point. I shall look through the paperwork I have (many pages) to see if I can confirm if this is the case - but I suspect he did . I had a few years ago requested a copy of the original agreement from the bank which the company banked with and who supplied the credit card so I will look at this and confirm.

Thrugelmir. My partner claims he wrote to the bank and told them the company had closed. then a few months after this he realised the other person was still using their card so he attended the bank in person (at which point the card had a balance of approx. two thousand) and told them to close the account which wasn't done and the debt rose to around seven thousand. However there is no evidence to support either of these actions.

Lee UK. I am afraid they are already awake but as you have said I will not be making any move for now. the last letter from them dated 2nd January has given him 30 days to respond with an income and expenditure form to complete - he will not be doing this.

Sourcrates - He had a lot of financial issues from years ago (way before we met) that we have sorted out now but this one he 100 per cent says he will not pay and much as I sympathise with him I cannot see how we can ever get a house jointly unless it is sorted as there will always be a threat of a charging order against the property. I will get him to read this as I have been telling him these things but other people (his family members) have been giving him advice like "because it was a ltd company they can't do anything" and "its not your debt because you have got that letter that says …. is responsible for it signed by …..." and "go self employed if there is an attachment of earnings order" and "nothings in your name so the bailiffs can't take anything"

thank you all for your input. I have told him (Nicely) that I have gone as far as I can with this (I sort out all his paperwork and finances now) and he will have to seek proper legal advice but in an effort to enlighten him I thought I would throw it out there to see if there was something I had missed and he can read all your comments to come to his own conclusion and perhaps listen to people that know what they are talking about.

Could someone please just confirm for me. I thought at a ccj hearing a judge would instruct someone to pay xxx amount per month/week. Why would no instruction have been given regarding this?

thanks for you time

I'd wait out the 30 days they are giving him to supply an income & expenditure. Then if/when they write back to him, send the statute barred letter as the 6 years limit will be up. They can't take it back to court as they had plenty of time to enforce the CCJ and they chose not to. Yes CCJ's are never statute barred, but the debt is.

When you get a CCJ it is just rubber stamped through Northampton County Court Bulk Centre. There is no judge looking over the case unless you chose to defend it at your local county court. It is up to the claimant what action to take once the CCJ has been awarded, it this case they chose nothing.