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Set aside an old CCJ

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  • Set aside an old CCJ

    I wish to ask your opinion on setting aside a default CCJ in this scenario, if a claimant brought to my attention a default CCJ that was 24 years old, and asked me for payment, would the claimant need to have a copy of the original CCJ? As the court would no longer have any records, does the claimant have to prove the existence and monetary value of the judgment? if the claimant attempted to ask the court permission to reissue enforcement? again would they need the original copy of the CCJ?

    If a claimant were to simply state a claim number and a date be sufficient to convince a court that a CCJ does exist?

    Would all this be a barrier to the claimant?

    Thanks
    Tags: None

  • #2
    Hi

    I think the claimant might struggle here. If I was unaware that legal proceedings had been issued and a default judgment had been granted, then someone told me they have a judgment against me 24 years later, my starting position would be to deny any liability and get them to prove it.

    I don't think a claim number or a date is sufficient, because that number could be a fake one, or a claim that started but was discontinued or a genuine claim. Without an order of the court confirming default judgment, I don't think a judge would be able to verify and ascertain that there was indeed a valid judgment 24 years ago.

    Even if the claimant could get over that very high hurdle of proving the existence of a valid default judgment, you rightly state that permission would be required to enforce. The starting point is that permission should not be granted unless there is a demonstrable reason why it should be. Three questions need to be considered by the court:

    1. The reasons why the judgment was not enforced during the six years when it could have been without permission.

    2. The explanation for any delay after the expiry of the six year period in making the application for permission.

    3. The prejudice caused to the debtor if permission was granted.

    On the face of it, I cannot think of any reason why someone would wait 24 years to enforce a money judgment and there is, quite frankly, no excuse why they shouldn't have taken enforcement action at an earlier stage. The only possible example where an explanation might be plausible, is if the debtor has been deliberately evading the claimant, moving from house to house, out of the country etc. such that the claimant has spent significant time trying to trace the debtor but without luck and only now they have finally pinpointed the debtor to a specific residence. I'm sure you can see how extreme this kind of explanation is in order for a court to maybe think about granting permission.
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    Comment


    • #3
      Dear Rob

      Many thanks for your detailed explanation, I certainly was not avoiding anybody at this time and had moved to a new address and was on the electoral roll and had my bank account and tax records at my new address, thanks again.

      Comment


      • #4
        I find myself in a similar situation. I picked up two ccj’s around seventeen years ago with a value of around 30k. No enforcement actions were taken in the first six years and I’ve lived in the same house for the last fourteen years. The claimant has known my address for all of this time. They even went so far as to attempt to pursue a third claim against me in 2015 (they were forced to discontinue as it was brought out of time). And now they are chasing the full amount again following a review of my credit status which ‘suggests my financial situation may have changed’. After months of threatening letters I’ve logged a harassment claim with the FOS but am expecting them to fill in an N244 requesting leave to enforce the original judgments. Is there a way I can prevent this?

        Comment


        • #5
          No but I struggle to see a judge approving it unless there really has been a change in your finanical sitaution

          Comment


          • #6
            The judgements were awarded when I had nothing. I’d already lost my home and business as the result of other debts. It’s taken me seventeen years, fifteen of which have been with the same employer to get myself to the point where I’m certainly not well off, but doing okay. The only major change in that time is that I’ve bought the house I’ve been renting for all that time. I still drive a car that’s worth £800. They’ve known exactly where I’ve been all this time and chosen to do nothing. They could have followed numerous options to enforce the debt and piling on the pressure ten years after the original judgement ceased to be enforceable (in regular terms) is unreasonable. The judgements were originally processed by the Northampton bulk court and went uncontested as they served papers to an address they knew id vacated. Could I apply to have them set aside?

            Comment


            • #7
              Yea you can but there a couple things. I dont know your financial situation but there is a £303 court fee per appl.
              As well as this, you can only set aside if you have realistic prospect of scucess.

              Comment

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