unpaid CCJ after 6 years?

2

Comments

  • modder25
    modder25 Posts: 130 Forumite
    MrSilk wrote: »
    Yes, I applied for both Capital One Progress and Aqua in December, two days apart, I was given £1,500 from Capital One, and £250 from Aqua, which has just gone up to £750. In January I was also able to get a £700 Overdraft from nationwide. however I did open a Capital One Secured card in 2012 with a £200 deposit (Which is still open), but the limit has been increased, while they still hold the deposit.

    Obviously, I won't be eligible for 'prime' until the CCJ drops off, but when it does, I'll be balance transferring a small balance of £400 to Nationwide Credit Card.

    Good luck!



    Thanks for your reply.


    Once your CCJ expires how long after are you going to leave it before applying for prime credit?


    I only ask as I would like to know how long I should leave it.


    Thanks again
  • Buzby
    Buzby Posts: 8,275 Forumite
    Your debt under the CCJ becomes unenforceable after 6 years (5 in Scotland). In rare cases a third party can attempt to re-inforce the earlier CCJ with a fresh action, but your defence in this unlikely event is (a) they had 6 years to do it and didn't, so it is an abuse of process and (b) they weren't the original creditor which weakens their case.

    They can still try to wear you down with anything short of legal action, so it all depends if they feel lucky or saw you as a winner on the Lottery show.
  • MrSilk
    MrSilk Posts: 1,499
    First Anniversary First Post Combo Breaker
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    modder25 wrote: »
    Thanks for your reply.


    Once your CCJ expires how long after are you going to leave it before applying for prime credit?


    I only ask as I would like to know how long I should leave it.


    Thanks again

    I think aprox two months after until I apply l, so around October/November
  • Aquamania wrote: »
    Once awarded, the CCJ never expires (only the court can set aside the judgement, and you would need to request this with valid reason and pay the appropriate fee)

    Therefore the claimant can commence enforcement proceedings at any time, the cost of which invariably gets added to the amount already awarded against you.

    My advice is that if you can pay, do so now!

    Orange? (Now known as EE) £308? Chances are they've sold it to a debt collector who will collect when they get round to it (possibly they are waiting for a suitable time when they know you have sufficient assets/income to definitely pay - they are in no hurry, it's almost like money in the bank to them)
    Buzby wrote: »
    Your debt under the CCJ becomes unenforceable after 6 years (5 in Scotland). In rare cases a third party can attempt to re-inforce the earlier CCJ with a fresh action, but your defence in this unlikely event is (a) they had 6 years to do it and didn't, so it is an abuse of process and (b) they weren't the original creditor which weakens their case.

    They can still try to wear you down with anything short of legal action, so it all depends if they feel lucky or saw you as a winner on the Lottery show.

    Aren't these contradictory? Which is right?
  • fermi
    fermi Posts: 40,546
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    - A CCJ continues to exist, even after 6 years.
    - It DOES however drop off your credit record after 6 years, and cannot be put back on.
    - Nether can a default be put back on.

    - The creditor can seek to enforce the CCJ indefinitely, but if they have not tried that in 6 years or more they need permission from the court which is unlikely.
    Hello there.

    The rules of court suggest that 6 years is plenty long enough for a creditor to enforce their county court judgment. Rizla King sums the situation up perfectly. The general rule is that a court would be reluctant to allow enforcement after six years unless there are exceptional circumstances and that it would be 'just' to allow it. The creditor would need to explain the reasons for the delay and why they should allow your case to be taken out of the general rule. The court would need to consider any prejudice to you.

    If you wish to research some case law, here are a number that could be useful.

    Duer v Frazer [2001] - The application for high court bailiff enforcement was rejected due to length of time.
    Patel v Singh [2002] - The application for high court bailiff enforcement was also rejected due to length of time.

    But be aware:

    The Society of Lloyd's v Longtin [2005] - The application for bailiff action was allowed - as the creditor had been trying to enforce the debt for a number of years previously.

    Sadly, I cannot tell you whether or not you will succeed, but I do hope you find this information useful.

    Best wishes,

    David @ NDL.

    - Even if enforcement was allowed, that is not a new CCJ. Just enforcement of the old one. It does not result in anything going back on your credit files.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • modder25
    modder25 Posts: 130 Forumite
    Hi MrSilk,


    How did you get on with applying?


    My CCJ drops off my file tomorrow, I am being told a couple of weeks later for Equifax for some reason.


    I will then need to apply for credit for the car I need for work... still a bit scared of being rejected though!
  • MrSilk
    MrSilk Posts: 1,499
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    modder25 wrote: »
    Hi MrSilk,


    How did you get on with applying?


    My CCJ drops off my file tomorrow, I am being told a couple of weeks later for Equifax for some reason.


    I will then need to apply for credit for the car I need for work... still a bit scared of being rejected though!

    Applying for what? :o :T
  • modder25
    modder25 Posts: 130 Forumite
    MrSilk wrote: »
    I think aprox two months after until I apply l, so around October/November

    Meaning did you apply for any prime credit?

    My CCJ has now dropped off my file so am thinking of how long I should wait.

    Thanks
  • as its only just dropped off , get all 3 credit reports and check that it has disappeared from them all , noodle only update once a month , seems a shame to ruin an application , by not waiting for the all clear from ALL agencies
  • modder25
    modder25 Posts: 130 Forumite
    as its only just dropped off , get all 3 credit reports and check that it has disappeared from them all , noodle only update once a month , seems a shame to ruin an application , by not waiting for the all clear from ALL agencies

    Hi Enfield Freddy,

    Am I right in saying Noddle is part of Callcredit so if anyone searched then it would only be from Experian, Equifax and Callcredit?

    I have checked Experian and Callcredit today and it is off of both of them but for some reason Equifax is unable to give me my £2 report :(
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