CCJ from 2012

magpies79

So as titles say I got a CCJ awarded against me was going through a divorce ex wife wasn’t paying anything towards mortgage and basically had to pay it on my own which meant at the time had to pick between credit card debt or house.

So don’t know how but the payment set out in the CCJ was to pay £20 a month which I have done and never missed payment until checking back god knows how but it hasn’t been paid for the last 3 months.

Should I pay the arrears or just make sure i have no more missing payments going forward?
is it right my understanding is to action the CCJ they would have to go back to court now and with it being 13 years that’s unlikely.

thanks 

RAS

Since you've been paying for over a decade, they can enforce the debt. 

sourcrates

There seems to be some mis-conceptions around this time extension for a CCJ.

Lenders have 6 years to enforce judgements from the courts, they can only extend that limit under certain specific circumstances, and they must apply to do so before the initial 6 year term runs out.

As that was indeed 13 years ago, they are well out of time now to do this.

So I`m guessing yes, they will write to you, and say we have a CCJ etc, but there is no where they can go with this now.

Just like the number plate on the back to the future DeLorean, they are OUTATIME 

magpies79

Thanks for the reply so is paying it now more of a moral situation rather then a legal one might just put the £20 away each month and see what happens with regards to them writing it’s definitely over 12 years as my daughter is 14 and she was 1 I believe when I got it.

Hahaha and funny comment at the end like it lol

sourcrates

Well the moral view is for those who can afford one, and I`ll leave it for others to procrastinate on that one.

The legal position is really what you should concern yourself with.

Its not uncommon for payments of that age to just be channelled into a holding account until something changes, like you stop paying or someone checks up on it.

See what comes out of the woodwork, if anything, and report back if you need further help.

magpies79

RAS said:

Since you've been paying for over a decade, they can enforce the debt. 

I have indeed it’s £20 so my thinking was I’ve been issued a CCJ which was rightly so at the time so £20 wasn’t a lot so paid it every month without fail.

So feel like I’ve got 2 different opinions there on it so my understanding was it’s still enforceable as still paying but would have to go back to court to do so 

sourcrates

magpies79 said:

So feel like I’ve got 2 different opinions there on it so my understanding was it’s still enforceable as still paying but would have to go back to court to do so 

As you have been paying, there may be the option for further enforcement, but after 12 years would they bother, is it even still the same creditor?

magpies79

Yeah even after 12 years still with the same one I’ll just put the money a side each month I mean think I’m due to finish the payments in 28 years lol