credit card. CCJ/CO 7yrs old never paid or enforced..house repod 6yrs ago - any worry?

[cat10]

Just a quick question.

 

CCJ which was made into a charging order.

 

The CCJ ran out 7years ago.

 

The house was repossessed 6 years ago.

 

There was no capital left on the house when sold.

 

My questions are.

What happens with the charging order?

The creditor was not informed that the house was repossessed.

 

Can the creditor go back to the court to have the CCJ reinstated?

 

I rent a property so they cant charge on that.

[dx100uk]

no they don't need too

 

the charging order is all they need [needed]

 

I think they've missed the boat!!

 

dx

[cat10]

So they can't do anything?

[dx100uk]

IMHO no.

 

dx

[cat10]

Lol well that's some good news for a change.

[AndyOrch]

Hi cat10

 

Just a quick question.

 

CCJ which was made into a charging order. Secured by a charging order both are separate entities

 

The CCJ ran out 7years ago. The CCJ is 7 years old it has dropped off your CRAs but its still valid unless you have paid it.

 

The house was repossessed 6 years ago.

 

There was no capital left on the house when sold.

 

My questions are.

What happens with the charging order? Its now defunct

The creditor was not informed that the house was repossessed. Strange how come ?

 

Can the creditor go back to the court to have the CCJ reinstated? The CCJ is still there it does not need reinstating

 

I rent a property so they cant charge on that.

No but they could execute by other means ..attachment of earnings/ third party debt order/statuary demand or even bankruptcy

 

 

Have you made any payments at all to the judgment creditor?

 

Regards

 

Andy

[cat10]

Hi

I have never made a payment to the CCJ.I never advised them of the repossession.

My understanding is that the creditor has to go back to court to try and reinstate the CCJ.I never fought it in the first place.This time i will as it was a credit card.

[AndyOrch]

No its does not have to be reinstated...the CCJ is still very much alive...Its execution was by way of the CO but now the Charging Order is defunct which has no bearing on the CCJ.

[cat10]

Little bit confused about the ccj.I thought after 6 years it falls off your credit file.I know its still there as such,but having read up the creditor would have to go back to court to justify still pursuing.

[AndyOrch]

Yes it falls off your CRAS but they have already executed the judgment by way of the Charging Order...so the 6 year limitation does not now apply on your judgment......its there until its paid.

 

Regards

 

Andy

[cat10]

But as the charging order is defuncted,because of house repossession.The house repossession goes back six years.They took their action via CO,that has failed.

[AndyOrch]

The Charging Order only acts as a security for the judgment and has absolutely nothing to do with the CCJ...the CCJ remains until paid...as the Charging Order is defunct they will try other options of enforcement as already stated in post #6 above.

[cat10]

Attachment of earnings,stat demand would have to go back to court,wouldn't it.Would a court possible throw it out,seems the debt has not been paid for six years.I never contested in the first place,but i would do now,ie credit agreement etc.

[AndyOrch]

All three would be made through court...relatively simple for them to request the orders without any hearing....unless the court compel you to attend for questioning.

 

Cat you need to forget this 6 years period you keep referring to it does not apply in your case because the judgment has already been executed by way of the Charging Order.

It would only apply if they had never placed the charging order.

 

Andy

[cat10]

Ok Andy thanks for that.Will wait for their next move,hopefully i will get some notification.If they pursue i presume i could get a stay even after all this time.

[AndyOrch]

I doubt you could stay further enforcement...after all they have their judgment...you really should have defended the original cause of action when the claim was issued if you dispute the debt....if you don't you really should approach them with regards to a payment plan..as I stated early this will never become time barred so you will be looking/waiting for ever for their next move.

 

Regards

 

Andy