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[Steve1926]

Hi, i have joined due to needing advise on a 14 year old CCJ and this site was recommended to me

[Steve1926]

I am hoping to get some sound advise on some recent texts from Hoist finance asking me for payment. nothing else, just giving me their details, a ref no and telling me I can access my account and make payments.

So I rang them.

They informed me they are collecting payment on a CCJ that was issued in 2008 from Barclaycard ( no idea what month as I've only just heard abut it yesterday, 11th May 2022), and subsequent Charging order on a property that was reposessed in that year and sold with negative equity early in 2009.

I moved out of the property in July 208 with my children while my ex wife stayed there, refusing me access ( she was a violent alcoholic), till it was repossessed around Sept/Oct that year. the mortgage company had my new address (the one from July 2008) and I've always been on the electoral role.

This is the first I've EVER heard about any of it, having never been issued with any paperwork for the CCJ or subsequent charging order (property was in joint name too).

Hoist said they had been sending me letters but then quoted my previous address which I moved out of in Sept 2017.

They had 9 years to contact me at that address, and are now using it even thought I've not bee there for nearly 5 years.
I did not give them my current address or acknowledge the debt.

I know if it it was a CCJ then its not statute barred, but they have not been on contact for 14 years (nearly) so wouldn't they have had to re apply to the court to enforce it by now (twice if its every 6 years).
what do i do? I don't want to encourage them to take action, but don't know if the CCJ has been re applied for and actionable now. I have researched conflicting reports of extensions being granted and thrown out.

I"m in there middle of a right to buy from the council (parents would be funding) as i can't work due to long term health reasons and couldn't afford to pay off a £16000 debt, or get a charging order on this property if i purchase it.

I haven't slept and my mental anguish right now is through the roof.

[MIKE770]

They would have to have a very very good excuse to try and collect now through courts! CCJs never statute barred, but like many now outstanding ones are being chased in the hope people are non the wiser> somebody will be along to advise you soon!

Celestine

Des-8

[Steve1926]

thank you for a prompt reply.
really appreciate someone reading so quickly.

[Sam101]

This sounds like a problem that DES8 may be able to help on?

[des8]

As already advised CCJs are never statute barred
HOWEVER after a lapse of 6 years from issue date they cannot be enforced without agreement of the court (and to obtain that the claimant needs exceedingly good reason)
They can however continue to request payment.

I very much doubt a charging order would be granted for an unenforced CCJ that was over 6 years old, as that would be unjust (at least IMO!)

I would write and just tell them that as the CCJ is now unenforceable without the court's permission & you do not expect to hear from them again.

[Steve1926]

DES8, thank you for your advise. its reassuring and calmed me down a little. However, the CCJ was taken out in 2008 and later enforced by taking out a charging order (i believe a charging order is "enforcement") on the property back in 2008. The property was sold at a loss in early 2009 but i wasn't chased or had any knowledge of ANY of these processes until this week.
If it was enforced back then, does the 6 year enforceability start from when the CCJ was granted, the charging order was made, when the property was sold, or is it now indefinite once been "enforced"?

[Steve1926]

Also, I've read somewhere that a creditor can't put a charging order on a jointly owned property if the debt is only in one mane, its actually a restriction and is void once the property is sold.
Is this what they meant (in a devious way) as the property was jointly owned with my ex wife. If so, does that make any difference to enforcement rights/time limits?

[des8]

The charging order (as the property was jointly owned). would only be registered against your benefical interest as a restriction on Form K, (assuming the CCJ was awarded against you solely)
and yes the restriction is removed when property sold,

Full details can be found here: https://www.gov.uk/government/public...harging-orders
(good evening's read !)

Presumably the restriction was applied for when the charging order was granted, and was lifted when the property was sold.
To enforce that CCJ now needs court permission

[Steve1926]

Thats great, so as the CCJ is around 14 years old I assume it would be extremely difficult to obtain court permission to enforce it now, as they have had plenty of time to pursue it during all that time.

[des8]

Yes, I would write simply as per post 6

[Steve1926]

Thanks, they only have an old address which is why i only have the info they told me over the phone this week after texting me multiple times. So if they ever do find my new address and write I'll be sure to reply in the way you kindly advised.