ccj what happens when not paid

sourcrates

Well, after next thursday Robinson way will have to refer the matter back to the court if it wishes to take the matter any further, its not been enforced for nearly 6 years, and the defendant has not been living in a monestary, so its most unlikley permision will be given, and you may be able to draw a line under the whole thing, but a word of caution, nothing in life is guarenteed.

Jonathan_Kelvin

Deleted_User wrote: »

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.

CCJs don’t become statute barred.

sourcrates

Deleted_User wrote: »

Yes CCJ's are never statute barred, but the debt is.

The limitation act no longer applies after legal action is taken, so has no bearing on the case whatsoever.

National Debtline covers it here :

"Once a creditor has a county court judgment (CCJ) for a debt, the Limitation Act does not put any time limits on how long they have to enforce that judgment. If your CCJ is more than six years old, and the creditor wants to use enforcement action, they must first get permission of the court".

Jonathan_Kelvin

Deleted_User wrote: »

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.

Can you please stop posting this? CCJs do not become statute barred.

[Deleted User]

Jonathan_Kelvin wrote: »

Can you please stop posting this? CCJs do not become statute barred.

The debt is dead a week on Thursday.

6ofus

thanks all.

Sourcrates - I know there are no guarantees but if robinson way do take it back to court will he get a chance to defend it at this point or will this just happen without his knowledge? thanks for info on the forthwith bit - that makes sense now.

sourcrates

6ofus wrote: »

thanks all.

Sourcrates - I know there are no guarantees but if robinson way do take it back to court will he get a chance to defend it at this point or will this just happen without his knowledge? thanks for info on the forthwith bit - that makes sense now.

No, it’s far too late, his only option would have been to make a set aside application, but he is way out of time now, it’s supposed to be done promptly, certainly within weeks, and he must have had a good reason why he did not respond to the court claim in the first place, he must also have had a defence with a reasonable chance of success.

Debt purchasing companies don’t like spending money on court procedures, they will likely drop the matter once you’ve told them you are aware they would have to go back to court.

What they may lose on this one, they will make back on the next one, it’s all about playing the numbers to them.

6ofus

thanks sourcrates.

unfortunately he was homeless and clueless when we met and had been taken advantage of from family members and his ex wife. we have come a long way forward and he has helped me heaps too. but this is the one thing that is not resolved.

thanks to you all for your advice.

Just_Di

6ofus wrote: »

this is the one thing that is not resolved.

Who was named as the Defendant on the claim form - was it your partner or was it the Limited Company?

Who was the Claimant before it was assigned to Hoist Finance UK Holdings 1 Ltd (perhaps following an internal assignment)? I'm assuming it is Hoist from your post on another thread.

If it is now owned by HFUK1 then they are not authorised by the FCA so cannot lawfully issue court proceedings (as per a recent court judgment against other debt purchasers who lack FCA authorisation).

If the CCJ was granted at a Hearing (was it?) then it shouldn't be registered or showing on his CRA file. That only happens if subsequent Applications are made such as enforcement by way of an Attachment of Earnings or a Final Charging Order etc.

If the CCJ was a Default Judgment, meaning no Hearing but failure to keep to a procedural deadline such as filing the Acknowledgment of Service or Defence by a deadline, then that will be recorded, but should fall off his CRA file in six years from the day of the Order (CCJ).

Di

6ofus

hi di, thanks for taking the time to reply. been very busy day at work today so will look at paperwork tomorrow and answer your points. thanks again