CCJ Live Abroad

[Ivan Terrible]

Hi everyone, first post here.
In a nutshell, had a credit card with MBNA. Life went a bit t**s up. Had a chance to restart abroad in 2009. I did tell MBNA over the phone, but never heard anything more. Debt eventually went to IND Ltd who obtained a CCJ by default at my mother's address (this wasn't my last known address). I never knew about it, this happened in 2011.
If I applied to have it set aside I believe that it should work because: (a) never received any papers; (b) the amount for the CCJ is at least 2.5K higher than it should be and I would have challenged that.
I could just ignore it, but what are the chances of a successful set aside?
Also, I've asked Northampton court about how to pay from abroad. They said that it had been reassigned to Croydon (for enforcement, but obviously they couldn't do that). Croydon haven't replied. So, can I set aside without a hearing? It will be very expensive otherwise.

[Celestine]

Re: CCJ Live Abroad

Are you planning on returning to the UK to live?

The CCJ will sit on your credit file satisfied or not, for 6 years.

[FlamingParrot]

Re: CCJ Live Abroad

Hi everyone, first post here.
In a nutshell, had a credit card with MBNA. Life went a bit t**s up. Had a chance to restart abroad in 2009. I did tell MBNA over the phone, but never heard anything more. Debt eventually went to IND Ltd who obtained a CCJ by default at my mother's address (this wasn't my last known address). I never knew about it, this happened in 2011.
If I applied to have it set aside I believe that it should work because: (a) never received any papers; (b) the amount for the CCJ is at least 2.5K higher than it should be and I would have challenged that.
I could just ignore it, but what are the chances of a successful set aside?
Also, I've asked Northampton court about how to pay from abroad. They said that it had been reassigned to Croydon (for enforcement, but obviously they couldn't do that). Croydon haven't replied. So, can I set aside without a hearing? It will be very expensive otherwise.

Do you own any property in the UK? If not, and you are not planning to return in the near future, there isn't much they could do to enforce the judgment.

[Ivan Terrible]

Re: CCJ Live Abroad

Hi and thanks for your replies. No, I don't own any property in the UK or anywhere else. I have no plans to return to the UK, but our plans can change. I know it drops off my credit file after 6 years. Where I get a bit confused is with what happens next. Some believe that the DCA would have to return to the Court to reinstate the CCJ (and it is very unlikely that a court would allow this). Others argue that enforcement of a CCJ does not constitute a separate action and as a result the DCA could continue with enforcement measures. I don't know who is right?

[FlamingParrot]

Re: CCJ Live Abroad

The CCJ drops off which means it will no longer appear on your credit file or, more importantly, on the public record trustonline anyone can search. The DCA doesn't need to go back to the court to get it reinstated - once it drops off, it can't be reinstated, but CCJs don't go statute barred. The DCA will need to apply to the court to enforce the judgment if you don't make payments towards it, however, it wont't be possible to enforce if you are abroad and don't own property in the UK, as the standard enforcement methods would be:

• a charging order - impossible if you don't own property as there's nothing to record a charge aagainst
• an attachment of earnings, where money is automatically deducted from your salary - not possible if you don't work in the UK
• a warrant of execution to send bailiffs round to levy on your possessions, which they can't do if you and your possessions are abroad.

[Ivan Terrible]

Re: CCJ Live Abroad

The DCA doesn't need to go back to the court to get it reinstated - once it drops off, it can't be reinstated, but CCJs don't go statute barred.

Thanks Flaming Parrot. Interesting reply, and one I'think that is more accurate than advice I have received elsewhere. Once a CCJ is over 6 years, I thought that the CCJ still existed but the DCA had to either get permission to enforce or had to reinstate (although I tend to agree with you that the DCA doesn't need to return to the court..... unless they want to enforce. Without property or being in the UK they obviously cannot enforce. If I did return (and it is highly unlikely, but humour me, please) it would be well after the 6 years. If the DCA still owned the debt, they could presumably try to enforce. As I understand it (and could well be wrong) they would need the court's permission to enforce after such a time period.

[FlamingParrot]

Re: CCJ Live Abroad

Thanks Flaming Parrot. Interesting reply, and one I'think that is more accurate than advice I have received elsewhere. Once a CCJ is over 6 years, I thought that the CCJ still existed but the DCA had to either get permission to enforce or had to reinstate (although I tend to agree with you that the DCA doesn't need to return to the court..... unless they want to enforce. Without property or being in the UK they obviously cannot enforce. If I did return (and it is highly unlikely, but humour me, please) it would be well after the 6 years. If the DCA still owned the debt, they could presumably try to enforce. As I understand it (and could well be wrong) they would need the court's permission to enforce after such a time period.

Glad to be of help! :yo:

You are correct, CCJs don't go Statute Barred after 6 years so, yes, technically they still exist, however, they won't show up on the public record (or your credit file) and they can't be reinstated, in terms of making them show up again, no they can't apply to the court to make it show up again.

For reference, this is the public record where CCJs can be found: http://www.trustonline.org.uk It's totally separate from CRA credit files and, unlike credit files where only companies that share data with the credit reference agencies can perform a search, anybody can search the CCJ records by paying a fee.

The DCA would have to go back to the court to enforce the judgment at any point in time, now or in the future, a creditor can't just send out bailiffs or record a charge by themselves. However, as you are not in the UK and own no property, there isn't really any enforcement action they could take. The site above also has information regarding enforcement of judgments: http://www.trustonline.org.uk/unders...cing-judgments

Judgment enforcement methods

If a court has ruled that you owe money and you don’t pay all of it on time (e.g. you miss some instalments), the company who sought the CCJ can return to the court to ask it to enforce the order. It will have to pay a fee to do this – and this fee will be added to what you owe.

Methods the court can use to enforce judgments include:

• Attachment of earnings order Takes the money directly from your wages. The employer is forced by law to deduct money from your wages and pay it to the company that’s owed it.
• Charging order What’s owed is taken from the sale of your house.
• Third party debt order Freezes money held in, say, a bank account so it can be used to pay what is owed.
• Warrant of execution This results in a court bailiff attempting to seize your goods to sell to pay the money.
• Transfer to High Court This results in a High Court Enforcement Officer collecting the money or seizing your goods to sell to pay the money.