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Very old car finance ccj but not yet enforced

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  • gizmo111
    gizmo111 Posts: 2,663 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    What are you trying to achieve?  They may not enforce the CCJ in 6 years and it will drop off your file in 2023, or they may try to and you make an agreement with them.  Alternatively you send them a request for your data and see what information they have and if the dates tally and would give you the evidence you need to apply for the CCJ to be set aside.
    Mama read so much about the dangers of drinking alcohol and eating chocolate that she immediately gave up reading.
  • In terms of what I’m trying to achieve it’s as easy a life as possible without repaying it.

    as it stands my fear is an attachment of earnings order, if they do that I’m screwed.

    im not worried at all about bailiff visits, most of the local bailiffs know me by now and they know they’ll get no hassle from me but they won’t be allowed in.

    if I could get it wiped off my credit file that would be nice, if I have to pay the £255 to scheme that and have the peace of mind if no bailiff visits or attachment of earnings orders etc I would.

    so basically I’m scared they’ll get an attachment to earnings order I guess. I can’t understand why they haven’t tried already tbh, if someone owed me £8k and I had a ccj for it I’d be getting it enforced v quickly 
  • gizmo111
    gizmo111 Posts: 2,663 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Even if they apply for an AOE then you have the opportunity to either pay in full or make a reasonable offer before the order is granted.
    I helped a family member recently who had 4 CCJ's one for 2.5K, one for 1.1K, one for £351 and one for 8.8K - none were pursued in the 6 year period, and not a penny was paid to them and they are now over 6 years old, meaning that if they do pursue them now the creditor will have to go to court for permission to do so.  
    Mama read so much about the dangers of drinking alcohol and eating chocolate that she immediately gave up reading.
  • Thanks for your reply, why on earth wouldn’t the creditor pursue it once they have a ccj?
  • I had bailiffs after me for ccjs of £300-£400, would be nice if they didn’t for this one lol
  • fatbelly
    fatbelly Posts: 22,966 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Thanks for your reply, why on earth wouldn’t the creditor pursue it once they have a ccj?
    It costs money and they have to be sure it will work. Although you know an aoe would work, they don't  - you could be on benefits with no assets and in rented accommodation - difficult to enforce against that.

    Happy New Year to everyone - about to clock off for 2020
  • Thanks for your help x 

    I get your point about cost of pursuing it, I definitely don’t have the assets to seize or the cash, I do have the risk of attachment of earnings tho.

    I guess I:best off sitting tight, if i get that letter saying they’re applying for attachment to earnings I’ll fill in the n245 at that stage and try and get it sorted under the statute barred rule, otherwise I’ll just wait til may 2023 when it drops off, does that make sense or am I making a huge error/missing something?
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