CCJs and how they affect you?

[Smiling_Impala]

My OH has received a Warrant of Execution on an old debt. He reckoned he owed about £500, but they're trying to claim around £2300.

 

He's now saying that he might pay it as it would possibly cost less in time and hassle than fighting it, which I think is a real shame, but it's not my call at the end of the day.

 

But I assume this will mean he's got the CCJ on his record, even though he will have paid the debt?

 

Can anyone tell me what the effect of this will be on his credit rating (which is already quite poor)? Does it matter much, or is it an easy one to get over? I sound terribly naive, but I've no idea about this sort of thing.

 

Thanks all

[gizmo111]

How old is the CCJ?

Was the CCJ for £500 or £2300?

[sequenci]

What was the original debt for? Do you have a copy of the judgment?

[Smiling_Impala]

Hi - thanks for the reply

 

The original debt was for rent unpaid on a house in about 1998/9. We only have a copy of the 'Notice of Issue of Warrant of Execution' (rcvd. at the end of July) and the 'Warrant of Execution' (recieved end of August), as this was the first paperwork OH received

[sequenci]

When was the actual CCJ granted; this is really important.

 

You can find out from RTL Home (there is a fee, i think it is £12) - alternatively you could ask the court.

 

We will certainly need to know how much the original claim was for and if they requested interest on the judgment; under the county courts act they can only claim 8% simple post-judgment so i'm bewildered as to what the rest of the money is.

 

Who is chasing £2300, is it the bailiffs?

[Smiling_Impala]

Here's a link to my old thread http://www.consumeractiongroup.co.uk/forum/bailiffs/112184-bailiffs-called-old-debt.html

 

OH suspects that the amount is that of all of the tenants debts (but not all were on the agreement) We don't know the date of the original CCJ, and not sure whether this is worth pursuing as a case?

 

I'm struggling to get OH to actually act on this, and so far it has been me chasing everything and talking to the bailiffs, as he just can't deal with this sort of stuff.

 

If he decides to just pay it, without contesting it (madness in my eyes, but what can I do?), then what will happen? What does the CCJ means for his (and our) future finances? Would he have to go to court anyway?

[Smiling_Impala]

Any ideas anyone?

[sequenci]

you've had loads of advice in your other thread.

 

it's possible that the debt is "statute barred" if it is then you can have the ccj set-aside and by virtue, the enforcement stopped.

 

was there 6 years with no payment/acknowledgement by you in writing?

[Ell-enn]

In the meantime - while you try to sort this out you could download Form N245 from www.hmcourtservice.gov.uk (Look for section on County Court Forms).

N245 is Application to Suspend Warrant of Execution. Fill it in with as much info as you can (you can always ask the court staff for guidance) get your OH to sign it and TAKE IT to the court which issued the warrant. You will need to pay a fee of £35.00 (they don't usually take credit or debit cards!) They will give you a confirmation notice that you have applied for a suspension. Keep it to hand in case anyone turns up at your home.

 

This should buy you some time to get stuff together.

 

Hope this is helpful.

[Smiling_Impala]

you've had loads of advice in your other thread.

 

it's possible that the debt is "statute barred" if it is then you can have the ccj set-aside and by virtue, the enforcement stopped.

 

was there 6 years with no payment/acknowledgement by you in writing?

 

Hiya - this thread was more about what effect CCJs have. What happens if he just pays it - will it have a major effect on his financial future? Will he still have to go to court?

 

To answer your question, no, there's been nothing in writing in the last 6 years, and the first communication he received was this Notice of Warrant of Execution. But I understand that if the Claimant has pursued it through the courts, whether we've received paperwork or not, then the statute-barred thing doesn't apply (or so I gather)

[Smiling_Impala]

In the meantime - while you try to sort this out you could download Form N245 from www.hmcourtservice.gov.uk (Look for section on County Court Forms).

N245 is Application to Suspend Warrant of Execution. Fill it in with as much info as you can (you can always ask the court staff for guidance) get your OH to sign it and TAKE IT to the court which issued the warrant. You will need to pay a fee of £35.00 (they don't usually take credit or debit cards!) They will give you a confirmation notice that you have applied for a suspension. Keep it to hand in case anyone turns up at your home.

 

This should buy you some time to get stuff together.

 

Hope this is helpful.

 

Thank you, that's really helpful - I'll get started on this

[Ell-enn]

Just a quick point.... when you are filling in the N245 form, remember to put the words "I respectfully request that the warrant be suspended because....." (put your reasons). Wherever you are asking for something to be granted always put "I respectfully request...."

 

If you are affixing any paperwork in support of your request it is always helpful to:

 

1. put it in date order

2. write a number on the top corner (i.e. if there are 2 or 3 attachments put consecutive numbers on each one)

3. If you refer to any of the attachments on the form put the number of that form in brackets next to the reference.

 

All this will make it easier for the judge to decipher.

 

Hope this is helpful

[Smiling_Impala]

Just a quick point.... when you are filling in the N245 form, remember to put the words "I respectfully request that the warrant be suspended because....." (put your reasons). Wherever you are asking for something to be granted always put "I respectfully request...."

 

If you are affixing any paperwork in support of your request it is always helpful to:

 

1. put it in date order

2. write a number on the top corner (i.e. if there are 2 or 3 attachments put consecutive numbers on each one)

3. If you refer to any of the attachments on the form put the number of that form in brackets next to the reference.

 

All this will make it easier for the judge to decipher.

 

Hope this is helpful

 

 

Massively helpful, thank you - you're an angel - these court forms are quite intimidating, so having an idea about how to deal with them is really useful.

 

It seems that proceedings were issued years ago, so the debt isn't statute barred. I'm due to call back a solicitor later on today to see if he thinks it's worth just paying the damn thing, or if there's a way of fighting it after having the judgement set-aside.

 

To go back to my original question on this thread, can anyone tell me how CCJs actually affect you?

[sequenci]

To go back to my original question on this thread, can anyone tell me how CCJs actually affect you?

 

They effect your ability to obtain credit. They could also possibly restrict you from working in certain jobs also.

 

Do you think there was a six year gap between the CCJ being issued and the Warrant being issued? Although the limitation's act will not apply CPR Schedule 2 CCR Order 26, Rule 5 states that a warrant of execution should not be issued without the leave of the court where more than six years has elapsed since the date the judgment or order became enforceable.

 

In english, this means that you should be able to argue the time delay with the court if it's six years since the CCJ was defaulted.

[Smiling_Impala]

Thanks Sequenci

 

OH is self-employed so hopefully he'll be OK. We're also no looking to get credit soon, and hopefully he can build up a good record in the meantime.

 

I think the statute of limitations hope that I had has been dashed, as I've just found out from the court that the 'Date of Service' was Nov 2000, the Judgement was entered in January 2001 and apparently there has been an Earnings Order (?) in the meantime too

[powelll]

Thanks Sequenci

 

OH is self-employed so hopefully he'll be OK. We're also no looking to get credit soon, and hopefully he can build up a good record in the meantime.

 

I think the statute of limitations hope that I had has been dashed, as I've just found out from the court that the 'Date of Service' was Nov 2000, the Judgement was entered in January 2001 and apparently there has been an Earnings Order (?) in the meantime too

 

By the sound of it they have tried to go for an attachment of earning to deduct money from wages... this isn't possuible for someone who's self employed which is prob why they have tried the bailiffs.

 

The CCJ will stay on your OHs CRF for 6 yrs from the date it was issued so should drop of in Jan/Feb 08 anyway - not long to go!