UNENFORCEABLE CCJ & MORTGAGE SHORTFALL

Daanielle

Hello

I have been in limbo with life for sometime now. It started when I had bad advice from my family solicitor regarding a double charged utility bill in 2009 that led to a downward spiral.

I was wondering if anyone has any experience with similar situation.

1. I had 2 CCJ in 2013 for credit card and personal guarantee for company as director. These should have fallen off CRA by now. Natwest repossessed the company freehold business and sold very cheap in 2014 (compared to their valuation of 2007.)

2. Due to business collapse my house got repossessed in 2015 by Mortgage Express with a shortfall of 50k

3. I had no fixed abode, but I did update my DVLA drivers licence in 2015 with current address

As I lost business and subsequently my income was gone and I then lost the house and have been lucky to have family at current address take me in on ad hoc basis.

Q1. I have not received any letters or enforcement action from CCJs since 2012 (and I have not corresponded with them since). Does this mean they cannot take enforcement action in future?

Q2. I have not received nor made any correspondence with The Mortgage company since Jan 2015. Can they still pursue me or are they out of time?

Thanks

Daanielle

Any and all help will be greatly appreciated 🙏 


@fatbelly
@sourcrates

tifo

The CCJs are unlikely to be chased after 6 years and if they do, you could say they're statute barred, i.e. no longer enforceable.

The limitation for mortgage capital is 12 years and for interest 6 years, so theoretically the mortgage provider could still chase you for capital owed but not interest.

fatbelly

Q1 is straightforward. They cannot take enforcement action on a ccj over 6 years old without express permission from the court, who would want an explanation why they were trying to enforce a 10-year old judgement.

Q2 is more complex. The Limitation Act gives the 12 years to commence court action on the capital shortfall of a secured debt. However FCA require their firms not to pursue a shortfall debt if no contact in 6 years

National debtline have a very good factsheet with links to standard letters.

https://www.nationaldebtline.org/fact-sheet-library/mortgage-shortfalls-ew/

For the moment do not send any letters - let sleeping dogs lie. If you get any correspondence on any of these matters you know to post here first and pick our brains. And by 'our' I don't mean me and sourcrates - there are many good posters on these board with loads of experience and wisdom.