Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • MrSilk
    • By MrSilk 25th Jun 14, 6:39 PM
    • 1,105Posts
    • 931Thanks
    MrSilk
    unpaid CCJ after 6 years?
    • #1
    • 25th Jun 14, 6:39 PM
    unpaid CCJ after 6 years? 25th Jun 14 at 6:39 PM
    Long story short, I got a CCJ back in August 2008 from Orange for 308, and 5 years and 10 months on it remains unpaid. What happens after the 6 years is up, does the court or Orange take me back to court?

    After the CCJ was awarded, I received no further communication from Orange or Northampton County Court regarding the amount of 308.

    Of course, I can now settle the amount, and don't want to risk getting another CCJ that will ruin both my otherwise spotless file, and years of building my credit back up!

    If anyone could advise, it would be much appreciated - thanks! :-)

    Jx
Page 1
    • Tixy
    • By Tixy 25th Jun 14, 6:55 PM
    • 31,062 Posts
    • 39,469 Thanks
    Tixy
    • #2
    • 25th Jun 14, 6:55 PM
    • #2
    • 25th Jun 14, 6:55 PM
    After the 6years are up - probably nothing happens.


    Possibly, but unlikely, the creditor goes back to court to ask permission to enforce the debt and gives the court a good reason as to why they haven't bothered to enforce the debt in the last 6years.


    In the unlikely event they tried to do this and the even unlikelier event the court granted them that permission - nothing new appears on your credit file.
    A smile enriches those who receive without making poorer those who give

    or "It costs nowt to be nice"
    • MrSilk
    • By MrSilk 26th Jun 14, 8:25 AM
    • 1,105 Posts
    • 931 Thanks
    MrSilk
    • #3
    • 26th Jun 14, 8:25 AM
    • #3
    • 26th Jun 14, 8:25 AM
    Thanks Tixy, that's help ease my mind

    I've paid off over 5,000 worth of debt in the last 3 years and with my last default dropping off tomorrow, last thing I want is a new CCJ!!

    Jx
    • d70cw6
    • By d70cw6 26th Jun 14, 8:50 AM
    • 742 Posts
    • 485 Thanks
    d70cw6
    • #4
    • 26th Jun 14, 8:50 AM
    • #4
    • 26th Jun 14, 8:50 AM
    i have 2 years left to wait for mine to drop off - dont even know what it's for!
    • Aquamania
    • By Aquamania 26th Jun 14, 9:51 AM
    • 2,041 Posts
    • 834 Thanks
    Aquamania
    • #5
    • 26th Jun 14, 9:51 AM
    • #5
    • 26th Jun 14, 9:51 AM
    Long story short, I got a CCJ back in August 2008 from Orange for 308, and 5 years and 10 months on it remains unpaid. What happens after the 6 years is up, does the court or Orange take me back to court?

    After the CCJ was awarded, I received no further communication from Orange or Northampton County Court regarding the amount of 308.

    Of course, I can now settle the amount, and don't want to risk getting another CCJ that will ruin both my otherwise spotless file, and years of building my credit back up!

    If anyone could advise, it would be much appreciated - thanks! :-)

    Jx
    Originally posted by MrSilk
    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)
    Last edited by Aquamania; 26-06-2014 at 9:58 AM.
    • MrSilk
    • By MrSilk 26th Jun 14, 12:41 PM
    • 1,105 Posts
    • 931 Thanks
    MrSilk
    • #6
    • 26th Jun 14, 12:41 PM
    • #6
    • 26th Jun 14, 12:41 PM
    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)
    Originally posted by Aquamania
    The Default dropped off my file in May last year, if that's the case then I shall wait to hear from the DCA, although 5 years into the default, it went to settled 0.00.

    Thanks
    • MrSilk
    • By MrSilk 26th Jun 14, 12:43 PM
    • 1,105 Posts
    • 931 Thanks
    MrSilk
    • #7
    • 26th Jun 14, 12:43 PM
    • #7
    • 26th Jun 14, 12:43 PM
    After the 6years are up - probably nothing happens.


    Possibly, but unlikely, the creditor goes back to court to ask permission to enforce the debt and gives the court a good reason as to why they haven't bothered to enforce the debt in the last 6years.


    In the unlikely event they tried to do this and the even unlikelier event the court granted them that permission - nothing new appears on your credit file.
    Originally posted by Tixy
    Sorry Tixy, so a new CCJ can't be registered? what about a new default?

    x
  • modder25
    • #8
    • 26th Jun 14, 12:47 PM
    • #8
    • 26th Jun 14, 12:47 PM
    Hi Mr Silk,

    Have you applied for any credit recently knowing that your CCJ drops off soon?

    If so what was the outcome?

    I have one that drops off in November and am waiting for this to drop off before I apply for anything.

    Thanks
    • Tixy
    • By Tixy 26th Jun 14, 12:56 PM
    • 31,062 Posts
    • 39,469 Thanks
    Tixy
    • #9
    • 26th Jun 14, 12:56 PM
    • #9
    • 26th Jun 14, 12:56 PM
    No new default or new CCJ can be put back on your file.
    A smile enriches those who receive without making poorer those who give

    or "It costs nowt to be nice"
    • MrSilk
    • By MrSilk 26th Jun 14, 1:14 PM
    • 1,105 Posts
    • 931 Thanks
    MrSilk
    Hi Mr Silk,

    Have you applied for any credit recently knowing that your CCJ drops off soon?

    If so what was the outcome?

    I have one that drops off in November and am waiting for this to drop off before I apply for anything.

    Thanks
    Originally posted by modder25
    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!
    • MrSilk
    • By MrSilk 26th Jun 14, 1:17 PM
    • 1,105 Posts
    • 931 Thanks
    MrSilk
    No new default or new CCJ can be put back on your file.
    Originally posted by Tixy
    Thanks for confirming Tixy
  • modder25
    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!
    Originally posted by MrSilk


    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
    • By Buzby 26th Jun 14, 10:25 PM
    • 8,201 Posts
    • 3,011 Thanks
    Buzby
    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
    • By MrSilk 27th Jun 14, 8:14 AM
    • 1,105 Posts
    • 931 Thanks
    MrSilk
    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
    Originally posted by modder25
    I think aprox two months after until I apply l, so around October/November
  • Sam112
    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)
    Originally posted by Aquamania
    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.
    Originally posted by Buzby
    Aren't these contradictory? Which is right?
    • fermi
    • By fermi 19th Nov 14, 7:53 PM
    • 39,669 Posts
    • 47,650 Thanks
    fermi
    - 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.
    Originally posted by National Debtline
    - 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.
    I'm a Board Guide on the Debt-Free Wannabe, Bankruptcy, Credit Cards and Loans boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com

    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
    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
    • By MrSilk 20th Nov 14, 1:08 PM
    • 1,105 Posts
    • 931 Thanks
    MrSilk
    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!
    Originally posted by modder25
    Applying for what?
  • modder25
    I think aprox two months after until I apply l, so around October/November
    Originally posted by MrSilk
    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
    • enfield freddy
    • By enfield freddy 20th Nov 14, 3:12 PM
    • 5,919 Posts
    • 3,909 Thanks
    enfield freddy
    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
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

204Posts Today

2,438Users online

Martin's Twitter