Can an old CCJ be enforced?

[Batholiver]

Back in early 2008, aDCA got a CCJ against me (I was unaware of it going to court until Ihad a call from the court to tell me the CCJ had been effected). Itwas for just over £30k and I was meant to pay £200/month. The debthad been built up as I was funding my ailing company and since I wasearning very little, I did manage to get a variation order from thecourt reducing the amount to £20/month.


I paid this until 2014when business took a turn for the worse and I wrote to the DCA totell them I couldn't afford it. They agreed a payment holiday of 3months or so. But after 3 months things were no better and I wroteand said I couldn't afford the payments. I believe they wrote backand asked me to contact them when I could afford to pay. Essentially,that situation has never occurred and I'm no better off now than Iwas then.


I've heard nothingfurther until about a week ago when I had a letter from the DCA'slegal people stating the amount owed and that they were in theprocess of taking enforcement action.


Having looked atvarious posts on various sites, I know that the CCJ never expires(until paid) but it disappears from record after 6 years. I've alsoread that once 'expired', it can't be enforced or reinstated althoughI also read a post that suggested it could be enforced after anylength of time!


Is there anyone outthere with a definitive answer?

[Amethyst]

Re: Can an old CCJ be enforced?

The judgment can be enforced at any time. As you had a court ordered installment deal set up then the claimant/judgment holder would have 6 years from when you defaulted on the order to further enforce. You had the payments changed from £200 to £20 a month ( that was the right thing to do), then had a 3 month break on the £20 a month, and now have fully defaulted - you could have returned to court for a further variation at that point? Was that considered? So that was around 3 years ago ?( 2014) - so as you have made no further payments under the order you have breached it and they are entitled to apply to the court to enforce.

So have they indicated what method of enforcement they will be looking for? Do you own your home? (could they be looking to secure the judgment debt under a charging order?)

The six years from judgment issue is that if there had been say a forthwith order for payment, and you didn't pay, and the judgment holder took no action over 6 years - then they would have to apply to the court before they could apply to enforce the judgment and give good reason why they hadn't enforced earlier. As it is that's not the case so they could just apply to enforce.

[Batholiver]

Re: Can an old CCJ be enforced?

Thanks for the clarification, Amethyst. They have given no indication of what measures they'd take. I don't own my own home - lost that back in 2006. So, perhaps my best option is to pay something and keep my fingers crossed.

[Amethyst]

Re: Can an old CCJ be enforced?

Do you own any assets at all ? ( car / property etc ) Presumably there is still £30k + outstanding on the judgment? and the original judgment was in your personal name ? (ie not your company)

There's some basic details on forms of enforcement here https://www.gov.uk/make-court-claim-...rce-a-judgment

You could reapply to court for a further determination - are there other debts/CCJ's to take into account? Are you employed now?

Don't go in offering increased payments that are unaffordable and unsustainable to avoid enforcement action which may not actually make any impact on you at all. If you have nothing, then there is literally nothing they can take.

[MENTION=48934]Debt Camel[/MENTION];

[Batholiver]

Re: Can an old CCJ be enforced?

Hi Amethyst, the CCJ was indeed in my name. I own a car and various other assets that I'd quite like to hang onto. I live with my partner who owns the house and all the contents and I've never had any lien on either. I'm near retirement age and will get a reduced state pension thanks to bad advice years ago but might be able to afford £15/month.

[Debt Camel]

Re: Can an old CCJ be enforced?

I suggest you send them an Income & expenditure form showing that £15 (or whatever) is what you can afford.

[Batholiver]

Re: Can an old CCJ be enforced?

Things took a new twist this week. Set up a standing order for £20/month in April and first two payments have gone through. Now received notice of enforcement action from court! I don't own anything and the DCA knows that. Lost my home in 2010 and now possess my clothes, an 18 year old car and that's about it. The house I live in is owned by someone else (got the Land registry doc to prove it) and all the contents belong to them (apart from my bits as stated). The DCA's statements on the form completely misrepresent the matter presumably in the hope of deceiving the court. I have the paper trail showing what actually happened over the years.

Any thoughts from anyone on my next move? I have 12 days to reply according to the court form. Many thanks.