CCJ being enforced after 6 years

2

Comments

  • missah
    missah Posts: 12 Forumite
    Hi LordSmug,

    I’m looking into setting it aside because if they have in fact applied to reinforce again, it won’t be long before I’ll have bailiffs visiting and demanding money/adding charges I can’t afford to pay. In addition, I don’t feel I should have to pay it after living in a flooded lay for over 3 months.
    Obviously the best thing to do would have been to deal with it at the time which is silly of me, but as I say, I didn’t know it had become a county court judgement until now.
  • missah
    missah Posts: 12 Forumite
    Thanks, yes it’s definitely not on my credit files.
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    Have a read through here:

    https://forums.moneysavingexpert.com/showthread.php?t=5002850

    Take note of post #16.
  • missah
    missah Posts: 12 Forumite
    Thankyou, that was really helpful
  • sourcrates
    sourcrates Posts: 28,876 Ambassador
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    Just as a side note, you cannot get another CCJ for the same debt.
    The creditor has to go back to court and gain permission to further enforce the judgement they have, the court may well decide 6 years is sufficient time, it depends on the circumstances.

    Setaside now would be a waste of your time and money, you must apply promptly, 6 years in not been prompt.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • missah
    missah Posts: 12 Forumite
    I see, thankyou. Would the ‘prompt’ rule still apply if I didn’t know about the CCJ? Or receive the paperwork on it? I’m just trying to think ahead in case the court has granted permission to enforce over 6 years later.
    Also, I’m more worried about being forced to pay it than my credit file as the DRO has already messed that up for a few years now. Thanks
  • sourcrates
    sourcrates Posts: 28,876 Ambassador
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    Two tests for a successful set aside.
    (Apart from applying promptly)

    (1) did you receive the court papers ?
    (2) do you have a defence with a reasonable chance of success ?

    You need to satisfy a judge on both counts.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • missah
    missah Posts: 12 Forumite
    Ok I’ll wait to hear back from the court regarding whether or not they gave permission to reinforce the order and take it from there. Thanks for all the help
  • macman
    macman Posts: 53,098 Forumite
    Name Dropper First Post First Anniversary
    Presumably you didn't receive the papers because you didn't update your address with your creditors? That in itself is not a reason for set-aside: all the creditor has to do is serve the papers at the last known address. It's your responsibility to inform them of any change of address.
    No free lunch, and no free laptop ;)
  • missah
    missah Posts: 12 Forumite
    So just as an update, I’ve heard back from the court who have said there’s nothing on their system regarding this case since September 2018 when a writ of control was given.
    However, as they are not legally trained, cannot tell me for sure whether an application to reinforce was made/granted.

    I’m a little lost on where to go from here, as according to the letter I received, I have 10 days before a bailiff visits my home.
    I’m also unsure whether calling the enforcement agency directly would be a bad idea in terms of acknowledging the debt, as this would be the first contact in over 6.5 years.

    Any suggestions would be much appreciated. Thankyou
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