What happens if a CCJ is over 6 years old but debt not cleared?

fastnet
fastnet Posts: 34 Forumite
in Credit file & ratings
Hi

Hope you are well.

After selling out home in 2014 (with lots of lovely advice and encouragement from MSE members) we paid off our debts, moved into rented and have spent the last 3 years saving and rebuilding our credit files.

In October this year my husbands 2 CCJs will be 6 years old. These are the only debts not paid off - I don't want to go into the whys and wherefores, other than to say they were not my debts so I had no control over them.

One is £17k and one £600 approx.

He has been paying off the agreed amount monthly and never missed a payment.

My question is what happens if the CCJ is over 6 years old but the debt is not cleared? What is the best course of action?

Any thoughts/advice would be very welcome. I am trying to get us in a position to be able to apply for another mortgage and don't want any nasty surprises!:(

Thanks very much

Comments

  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    First Anniversary Photogenic Name Dropper First Post
    He just needs to keep paying until it's cleared.

    If the company is happy with the current rate of repayment, there's no need to increase it, thought you may want to get it off your backs.
  • fastnet
    fastnet Posts: 34 Forumite
    MY worry was that they would apply for another CCJ as it hasnt been cleared.

    The smaller one we can pay off. The larger one will take a bit more planning but we are not planning on stopping repayments and he hasnt missed any.
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    First Anniversary Photogenic Name Dropper First Post
    They won't apply for another CCJ while payments are still being made.
  • fatbelly
    fatbelly Posts: 20,455 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    All the six-year period means in your case is that it will drop off the credit record. The judgement still stands and enforcement options remain if you default.

    The only enforcement option that does not require a default is a charging order but as you don't own property any more they wouldn't get far with that one.

    They can't start a new claim for either debt.
  • sourcrates
    sourcrates Posts: 28,834 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    fastnet wrote: »
    MY worry was that they would apply for another CCJ as it hasnt been cleared.

    The smaller one we can pay off. The larger one will take a bit more planning but we are not planning on stopping repayments and he hasnt missed any.

    You cannot take court action more than once for the same debt.

    All they can do is use different enforcement methods, if you stopped paying, and after 6 years has expired, they would need court approval.
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