CCJ expired and am now being issued an attachment of earnings order

[Jaxson]

Hi, I was wondering if anyone knows about how CCJ's can be enforced... over 7 years ago I had a break up with my partner and it turned out he had incurred a debt of £6000 for a credit card in my name I didn't know about. Back then I chose to bury my head in the sand & ignore it as I had no way of paying this. I didn't acknowledge any debt or make contact with anyone, however was issued a CCJ which has recently dropped off my credit file after 6 years. This remained unsettled as although it was technically in my name, I didn't use this money so thought I would ignore it and just let it drop off my credit file in due course.

Today I have received an attachment of earnings order asking me to either pay Mortimer Clarke Solicitors £6,407 or fill in the form and send it to the County Court for payment to be taken from my work, it also said I could face 14 days in prison (I have had one of these before the CCJ was issued and ignored it back then)

Are they able to do this once the CCJ has dropped off (They keep sending post to my old address which I haven't lived at in 4years so they clearly don't know if I'm receiving letters or know my work details etc) I alsowonder if the form is genuine or a scare tactic to get to me contact them or whether the County Court will give me another CCJ for the old one not being paid. I was told that after 6 years they can't chase for payment, is this the case?

Back then I didn't care about my credit score but now I don't want it effecting.

Any helpor guidance on this would be much appreciated...

[FlamingParrot]

Re: CCJ expired and am now being issued an attachment of earnings order

Hi and welcome to LB!

CCJs drop off the public record after 6 years but they never go Statute Barred. They can be enforced by various means such as:

• Attachment of earnings
• Sending bailiffs
• Obtaining a third party debt order
• Securing the debt against your property through a charging order

The court cannot issue another CCJ but it can enforce an existing one as noted above: https://www.gov.uk/make-court-claim-...rce-a-judgment

[CYNthesys]

Re: CCJ expired and am now being issued an attachment of earnings order

I was sure that Judgment debts became unenforceable after 6 years?????????????????

[CYNthesys]

Re: CCJ expired and am now being issued an attachment of earnings order

Limitation
Enforcement action can be instructed for up to 6 years from the date a judgment became enforceable. Delay in enforcing affects any award of interest as recoverable interest is limited to 6 years on a judgment that is executed after the expiry of the 6 year period.
You are able to continue trying to enforce for longer than the 6 years from date of judgment but you cannot start the first enforcement action past this date. Court permission is required to enforce a judgment debt that is more than 6 years old. Warrants of Execution must be renewed after 12 months if they have not been enforced.
http://www.moneyclaimsuk.co.uk/post-...forcement.aspx

[FlamingParrot]

Re: CCJ expired and am now being issued an attachment of earnings order

I was sure that Judgment debts became unenforceable after 6 years?????????????????

It is my understanding that they don't become UE as such, but they have to go back to the court to enforce them. However, the OP is saying they have received an attachment of earnings order, that means they must have applied to the court. :noidea:

[Gorang]

Re: CCJ expired and am now being issued an attachment of earnings order

You are able to continue trying to enforce for longer than the 6 years from date of judgment but you cannot start the first enforcement action past this date. Court permission is required to enforce a judgment debt that is more than 6 years old. Warrants of Execution must be renewed after 12 months if they have not been enforced.

I read this as meaning (but this is only my thinking and I could be wrong)

they can ONLY enforce the judgement after the 6yrs IF they have made the 1st enforcement attempt BEFORE the initial 6yrs are up from the date of the judgement

but once the 6yrs are up and they are going for the 2nd enforcement attempt, (providing 1st attempt was inside the initial 6yrs) they then can/have to, get courts permission to make the 2nd enforcement attempt

BUT

If they HAVN'T made the 1st enforcement attempt within the initial 6yrs then they can't enforce at all

It would make sense to me as they would need a really good excuse/reason (I suspect) NOT to have made the 1st enforcement attempt WITHIN the initial 6yrs, but like I said its only my thinking so other points of view would be good on this one I think

Edit

the OP is saying they have received an attachment of earnings order, that means they must have applied to the court.

If I am right with my thinking then the solicitors could be just chancing their arm to see if the op bites

But like I said above I could be wrong with this, I duno

[CYNthesys]

Re: CCJ expired and am now being issued an attachment of earnings order

Will this help


The Court referred to Millett LJ’s decision in Ezekiel v Orakpo [1997] in which he had considered the application of the 1980 Act to charging orders. In Ezekiel, the court stated:

‘… the main ground of the appeal was that the claim to enforce the charging order was barred by s24(1) of the Limitation Act 1980, which provides that no action shall be brought upon any judgment after the expiration of six years from the date on which the judgment becomes enforceable. Leave to appeal was refused on the ground that the application was not to enforce the judgment, but to enforce the charging order, which, as Staughton LJ commented, “had a life of its own”