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CCJ over six years old and not fully paid, where do I stand now

Had a CCJ against me from Lowell for an old unpaid overdraft from Nationwide, the debt is from 2011 when I was not doing well at all and got into a big mess with money, ended up being mostly charges being added all the time, then Lowell got hold of it. I argued for ages with them over it and back in 2018 they got a CCJ that has now ran out. Did agree with Lowell back in 2021 to pay £25 per month towards it and have done so ever since as they were threatening to take enforcement action. Anyway this is the last of my debts still outstanding and still owe about £550, however its now over six years since the CCJ was issued, am I now within my rights to tell Lowell your not getting another penny and good riddance to you, been looking online today but found conflicting advice. Some saying a CCJ is null and void after six years, some saying it can still be enforced but only with the approval of a judge while some say in circumstances like mine they can go back to court and get the CCJ renewed for a 1 year period, does anyone know where I actually stand as I would if possible just like to put this to bed once and for all now.

Comments

  • Brie
    Brie Posts: 14,973 Ambassador
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    The problem as I see it is that you acknowledged the debt and were paying it up to 4 years back so it would at least be at least another 2 years for it to be statute barred. (assuming that can happen with CCJs.)
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  • sourcrates
    sourcrates Posts: 31,724 Ambassador
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    Limitation act no longer applies once legal action has been taken @brie.

    Once the CCJ hits 6 years, it is no longer enforceable.
    They can apply for an extension, but they must do so before the initial 6 years expire.

    As they did not do that, then in my opinion there is nothing more Lowell can do with this.

    That is my basic understanding of the law, to confirm this is correct, I suggest asking on Legal Beagles.

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  • fatbelly
    fatbelly Posts: 23,073 Forumite
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    Wecca95 said:
    Had a CCJ against me from Lowell for an old unpaid overdraft from Nationwide, the debt is from 2011 when I was not doing well at all and got into a big mess with money, ended up being mostly charges being added all the time, then Lowell got hold of it. I argued for ages with them over it and back in 2018 they got a CCJ that has now ran out. Did agree with Lowell back in 2021 to pay £25 per month towards it and have done so ever since as they were threatening to take enforcement action. Anyway this is the last of my debts still outstanding and still owe about £550, however its now over six years since the CCJ was issued, am I now within my rights to tell Lowell your not getting another penny and good riddance to you, been looking online today but found conflicting advice. Some saying a CCJ is null and void after six years, some saying it can still be enforced but only with the approval of a judge while some say in circumstances like mine they can go back to court and get the CCJ renewed for a 1 year period, does anyone know where I actually stand as I would if possible just like to put this to bed once and for all now.
    A ccj does not 'run out' so it is not correct to say that it is 'null and void'.

    Whatever website is saying that, I suggest you avoid it.

    I don't think there is any need to make any statement to Lowell. However, if you were to stop paying, what could they do? Any enforcement by bailiffs, attachment to earnings, charging order would require permission from the court and they are unlikely to grant it. An HCEO would not touch it, and you owe <£600 anyway

    You don't owe enough to allow a statutory demand.

    So they can write, threaten, make offers to settle. Which you can ignore
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