CCJ 44 months old

RonoB · 28 May 2019 at 5:19PM

Definitely wait till it’s off your file. Then they can still come after you for payment however they have done the worst they can do already. I.e. give you a ccj so just ride it out. At least it’s 44 months old. No benefit to paying it off at this point as it’s alrrady done the damage in your file.

Willing2Learn · 28 May 2019 at 5:39PM

RonoB wrote: »

No benefit to paying it off at this point as it’s alrrady done the damage in your file.

Don't know if I agree with that. It is beneficial to pay just to have the weight lifted off of ones shoulders. If it were me, I would contact the current owner of the debt and arrange a payment plan...

Edit: As per fatbelly's post below this one, I would firstly contact a Law Centre in Scotland for advice to confirm whether the English CCJ is enforceable or not...

fatbelly · 28 May 2019 at 6:25PM

twhitehousescat wrote: »

as there is a large amount here , 5K? , perhaps waiting till very close to 5yrs (scotland 60 mths) then hitting them with wrong jurisdiction , clever timing must be use to ensure they cannot start again in scotland

Genuinely not sure about this. Does the fact that they started a court claim, albeit not under the correct jurisdiction, mean that a correct court claim would not be statute barred?

If that claim was of no effect, of course, the debt would have become statute barred under Scottish Law before the 2015 English claim was made as it appears the last payment may have been in 2009

Personally I wouldn't be looking for setaside of the English ccj at the moment though Govan Law Centre would be well placed to advise on this.

Scunner76 · 28 May 2019 at 9:27PM

Hi, thanks for all the input. I don't know if this makes any difference but I was on the electoral register at my address in Oldham til May 2015. My CCJ was dated Sept 2015.
I then went onto the register up in Scotland from May 2015.
From late 2012 til May 2015 we lived with my partners parents til we could afford our own place to rent.
I will find out as best I can who now owns my debt. My experian credit score is 711 and from the sounds of it settling a CCJ would make little improvement to this score ? Would my score increase once the 6 yrs is up and it drops off the credit report ?
Thanks, Ian

Kentish_Dave · 28 May 2019 at 9:42PM

Scunner76 wrote: »

Hi, I did read that in another thread, but then somebody else said that they would have to go back to the court and explain why they didn't enforce the debt within a reasonable time (6 yrs)

Can you not find a route to pay back what you owe? Is there anything that you can sell, for example, or could you get evening or weekend work?

Scunner76 · 28 May 2019 at 10:05PM

Hi, just to add, went on trustonline.org to look up the CCJ , it gives me the amount, date, but doesn't give me the claimants info, reading further it states that I need to ring the court and obtain the details from the court. So will do that tomorrow and feedback the info. Maybe someone's had dealings with whoever they are. Thanks, Ian

Scunner76 · 28 May 2019 at 10:16PM

Hi, Kentish Dave
I own very little to be honest, drive a company vehicle, have zero savings, I'm working 2 jobs just now in the summer months, my partner is doing 3 jobs, I've got 2 little kids under 7 , another one who's starting uni soon and is getting something every month from me to help her get by.
I probably bought 2-3k worth of goods on that card, the initial low interest rate ended and with the banking crisis I couldn't move credit cards and got stuck on a higher interest rate with not enough money to dent the balance, so it just spiralled up to 5k. I lost a good job and ended up having to work for 50% of former salary and last thing on my mind was trying to cope with credit card companies hounding me.

Scunner76 · 28 May 2019 at 10:17PM

Hi, just to add, went on trustonline.org to look up the CCJ , it gives me the amount, date, but doesn't give me the claimants info, reading further it states that I need to ring the court and obtain the details from the court. So will do that tomorrow and feedback the info. Maybe someone's had dealings with whoever they are. Thanks, Ian

System · 3 June 2019 at 12:41PM

Scunner76 wrote: »

Hi,

Zx81 that's what I thought they'd say - you didn't inform us of your new address and you didn't answer any correspondence. Would the responsibility to be on them though to trace me and try to enforce the CCJ ?

No. There is no legal requirement for them to do anything other than serve any notices and any actions to the last known address they have on file for you which is the one you gave them.

System · 3 June 2019 at 12:43PM

twhitehousescat wrote: »

can an english court award a CCJ to a resident of scotland

Yes if they were in England and accrued the debt from an English address and that was the last address on file because the debtor didn't update when they moved to Scotland which is exactly what happened in this case. The fact they're currently resident in Scotland or even Timbuctoo is neither here nor there if the last known address is for England.

CCJ 44 months old

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