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Does a CCJ stay with you until the debt is paid?

17 replies

KBearthePolarBear · 23/11/2005 19:46

I keep seeing all these ads for mortgages/loans available to those who have a CCJ. I thought the point of a CCJ was a punishment to a bad debtor so what's the point of allowing them to get more debts?

An ex of mine (15 years ago) helped himself to the money from our joint account. I sued him in the County Court, he never paid, I got an attachment of earnings order, he left his job etc etc.

I got over it many years ago knowing I had little hope of seeing the money but my anger was helped by the fact that he'll never get a mortgage (and be as happy as I am cos i put a spell on him too ha ha). But it seems I was wrong and you can.

That p's me off!

OP posts:
Milliways · 23/11/2005 19:48

Stays on file for minimum 6 years - even if paid it will show as "satisfied", but lets lendersx know it was there!

KBearthePolarBear · 23/11/2005 19:49

So if a mortgage company ran a check it would still show up after 15 years? Excellent!

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gloriainexcHELSIsdeo · 23/11/2005 19:50

But apparently after 6 years as being satisfied they take no notice of it.

KBearthePolarBear · 23/11/2005 19:52

but it isn't satisfied cos he never paid me back.

OP posts:
gloriainexcHELSIsdeo · 23/11/2005 19:54

if he never paid it and never went to court to get the certificate of satisfaction then it will still show as a CCJ

KBearthePolarBear · 23/11/2005 19:56

and it is on his conscience too! Double excellent.

Not that I am a vindictive old bear but he owes me ten grand!

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gloriainexcHELSIsdeo · 23/11/2005 19:56

can you not still pursue the momeny?

jenkel · 23/11/2005 20:02

no expert here, but a ccj is a county court judgement, so the court says he has to pay, even if its a tiny bit each month, surely if he has defaulted on it or never paid anything then he has to go back to court, and then if its goes on with him making no attempt at all to pay anything then I would presume something a lot more serious would happen

KBearthePolarBear · 23/11/2005 20:31

The court cannot enforce the judgment apparently - I have to find him/his employer, tell the court and they will attach his earnings or garnishee his wages. He does a disappearing act every time I do this so I gave up and got on with my life because it was making me bitter and twisted!

I could do with a few bob though and it's started bugging me again. I don't know if it's worth bringing him back into my life for the money, albeit alot of money.

And how the hell do you find someone? Tried a detective agency before and they couldn't find him. I found him myself twice. He just left his job and went elsewhere.

OP posts:
LIZS · 23/11/2005 20:34

Think those sort of mortgage policies are still pretty restrictive ie loan to value, higher inetrets rate etc so he may still struggle to get one.

KBearthePolarBear · 23/11/2005 20:35

I thought they would have high interest rates. Good!

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KBearthePolarBear · 23/11/2005 20:36

I always held it in my mind that one day he would have to explain to his wife that he couldn't get a mortgage because he was a thieving, lying rat who stole from his ex-girlfriend, trusting soul that she was!

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SackAche · 23/11/2005 20:49

I had a CCJ after I stopped paying a barclaycard debt whilst at Uni. I returned all their mail and eventually mail from a the debt collectors started to arrive. I opened 1.... put it in the bin and never looked at it again.

I moved flats twice and they didn't find me.

I was refused credit for things like 6months interest free on buying in shops. But 3 years after the CCJ I got a mortgage no bother, I'm afraid.

AND even more importantly, my DH defaulted on a £5k bank loan in 1999 just before we met. They tried to arrest his earnings so he stupidly left his well-loved job and moved..... he never heard anything again!!! Idiot!

Anyway.... after we met we tried to get a bank account and he wasn't even allowed one of those! He went to a Solicitor who basically told him time is a great healer when it comes to Credit ratings.

2 years later he got a bank account with an Electron card.

Everything is in my name, but we're buying a new house and I wanted his name on the mortgage. I sent away for his credit file from Experian and I was so amazed by the result that I posted about it here!

1000 is the best score you can get...... DH scored 960.... and NO DEBT was showing on his Credit File at all..... nothing.... zilch!

99% of companies that do a credit search on you will only look back 6 yrs.... and if thats all they do then DH's file is flawless!!

So I'm afraid after time he can wipe his slate clean.

SackAche · 23/11/2005 20:52

Oh and when I spoke to Halifax about it they said the interest rate wouldn't be increased if I included DH on the mortgage. In the end I didn't include him on it coz it was more hassel than it was worth having to have us both sign things.

jenkel · 23/11/2005 20:56

So whats the point of a ccj if a court can inforce it, that really surprised me.

If your struggling and you need the quite considerable sum that you ex took off with I would try my hardest to find him, but agree that it may just cause more stress and sometimes best to get on with your life, think it would make me seethe too. So may have just to put it down to one of those tough lessons of life

KBearthePolarBear · 23/11/2005 21:02

Ridiculous isn't it, the court thing.

It's only because I thought I saw him last week (and it probably wasn't even him!) that stirred up the hornets nest again.

He did once knock on my mum's door (I wasn't there) and said he was sorry and regretted treating me so badly and felt guilty and would pay me back, starting next month. That was five years ago!

I have chalked it up to experience and THANK GOD for my luvly DH who saved me from bitter and twistedness!

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SackAche · 23/11/2005 21:03

I suppose this situation is a bit different to mine and DH's as we owed a large finance company money. They tried to retrieve it then eventually sold it on to a debt collection agency. They can only take legal action against you within a 6 year time frame (5yrs in Scotland I think). If they haven't found you by then then they can still keep looking for you, but when they do catch up with you 6yrs after the last contact with you then they cannot do anything other than keep asking you for the money... hoping you'll get sick of the phone calls and pay up! I spoke to Debtline about this and they said that if they phone you more than once every 2wks, for example... then you can take legal action on them for harassment!

Weird eh?

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