Natwest, Shoosmiths ressurecting CCj claim after 4 years

[seduraed]

I have defaulted bank accounts with Nat west and there is a forthwith CCJ from 4 years ago on which no attempt has been made to enforce. I got a letter from them this week with and I&E form and a demand for payment . I don't know where to go from here .

[Amethyst]

Re: Natwest, Shoosmiths ressurecting CCj claim after 4 years

If you knew about the CCJ at the time it was going through, there isn't a lot you can do now, other than complete the IE form and make an affordable payment offer. They are entitled to enforce the CCJ.

If you want to post a copy of the letter up it might help sort out a response.

[seduraed]

Re: Natwest, Shoosmiths ressurecting CCj claim after 4 years

Does the limitations act apply to CJ's or do stay in place until satisfied? Would mkaing payment reset the SB clock?

[Kafka]

Re: Natwest, Shoosmiths ressurecting CCj claim after 4 years

A CCJ stays in place until satisfied or removed. It should fall off your credit file after 6 years, but will still appear on Registry Trust.

[Amethyst]

Re: Natwest, Shoosmiths ressurecting CCj claim after 4 years

If a creditor makes no efforts to enforce the CCJ within 6 years then they would have to apply to the court for permission to enforce, but no, once it is there, that's it pretty much with regards having to pay them.

[FlamingParrot]

Re: Natwest, Shoosmiths ressurecting CCj claim after 4 years

A CCJ stays in place until satisfied or removed. It should fall off your credit file after 6 years, but will still appear on Registry Trust.

That's not the case, they will also disappear from the Registry after six years: http://www.trustonline.org.uk/unders...stay-on-record :thumb:

County court judgment records: how long CCJs stay on record

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County court judgments (CCJs) stay on the register for six years.

[FlamingParrot]

Re: Natwest, Shoosmiths ressurecting CCj claim after 4 years

Does the limitations act apply to CCJ's or do stay in place until satisfied? Would mkaing payment reset the SB clock?

CCJs don't go SBd as such, however, if the creditor makes no attempt to enforce in the first six years they cannot take action to enforce them later.
s.24 of the Limitation Act 1980

24 Time limit for actions to enforce judgments.

(1)An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

Having said that, if it's been just 4 years, they are still entitled to enforce.

The best thing to do would probably to make a monthly offer you can afford in the long term, as it can be difficult to have your payments varied. Once they've obtained a CCJ, the creditor can enforce in different ways. If you are employed, they'd usually apply for an attachment of earnings in the absence of a repayment offer. They could also apply for a warrant of execution to send bailiffs but this avenue is not that commonly used for consumer credit debts, most bailiff threads you'll find will be for things like council tax, magistrates fines or debts to HMRC. If you are a homeowner and the debt is over £1,000, they can also apply for a charging order.

[seduraed]

Re: Natwest, Shoosmiths ressurecting CCj claim after 4 years

It's an old over draught which I defaulted on when I became a full time carer. I thought i could pull the ship round but all the old debts are coming out of the woodwork to haunt me .