ccj expired - any recourse?

[missmooch]

Hi Everyone

Hoping for some advice. Had a guarantor paying off a tenant debt by installments every month after obtaining a ccj against her. It’s now 6 and half years later, and of course guarantor has just stopped paying, despite some of the debt remaining outstanding. This situation is new to me, but upon reading I believe any judge would levy criticism at me for not enforcing payment of the debt more strongly within the 6 years, even though they have been paying every month the correct agreed (affordable) amount on time for longer than the 6 years.

Despite this, has anyone been in a similar situation and managed to recover the debt?

Thanks for any advice!

[PallasAthena]

I'm not an expert on this but two comments.

CCJs don't expire. You may need court permission to enforce after 6 years but you don't have to start a whole new court action and get a new. CCJ.

I don't know how the enforcement rules apply here. Hopefully someone can advise. You didn't need to enforce for first 6 years because the debtor was paying in accordance with agreed payment plan.

[des8]

Did the CCJ order the debtor to pay in instalments, or was that arrangement made after the CCJ had been awarded?

If the award was for the debt to be paid by instalments of £x amount until the debt was paid, and that would be later than 6 years after the award date, I would think the debtor would be in contempt of court if he/she stopped paying.

Alternatively if a debtor breaches an agreed instalment plan by missing payments I would be considering initiating a court action, not for the original debt but for breach of an agreement.

Anyway, those are the scenarios I would be researching, a it seems wrong that a debtor could so easily avoid their liabilities.
Depending on the amount still outstanding it might be worthwhile seeking professional advice

[missmooch]

Thank you both for your kind replies, appreciate it. CCJ ordered the debtor to pay by installments

[des8]

In that case I believe you can apply to the court for enforcement action., (use form D50K https://assets.publishing.service.go..._0423_save.pdf)
The court will be the same that issued the original order

[missmooch]

Thank you so much DES8, really, really appreciate it and really helpful. Thank you too for the link - I wouldn't have known the name of the form without it.

I was maybe intending to send the debtor a letter first (do you think I should?) - so sorry to ask another question but would something like this be legally acceptable?
Re: Outstanding Balance under County Court Judgment – Claim No. [XXXXXX]

Dear [Guarantor’s Name],

I write in connection with the above matter. As you are aware, a County Court Judgment (“CCJ”) was obtained against you in respect of the tenancy debt originally owed by [Tenant’s Name]. Since judgment was entered, you have made regular monthly payments towards the debt, for which I acknowledge and appreciate your cooperation.

It appears, however, that payments ceased as of March 2025, leaving an outstanding balance of approximately £xxx.

Please note that while the CCJ itself is no longer recorded on the Register of Judgments due to the passage of time, the underlying debt remains legally enforceable. Your continued payments over the years constitute a clear acknowledgment of liability under Section 29(5) of the Limitation Act 1980, which resets the limitation period. Accordingly, the debt remains due and recoverable.

I would therefore be grateful if you could resume payments in accordance with the previous agreed arrangement or, alternatively, contact me within 14 days of the date of this letter to discuss a revised payment plan.

Should I not hear from you within that period, I may consider taking further enforcement action to recover the outstanding balance, including but not limited to applying to the court for a warrant of control or an attachment of earnings order.

Please treat this letter as a formal notice that the debt remains outstanding and enforceable.

Yours sincerely,