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 Post subject: What happens to a CCJ after 6 years?
PostPosted: Sat Sep 12, 2009 10:32 am 
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Hello, I have tried to search the internet for an answer to my quesitons but haven't quite found what I'm looking for. Basically, I think I may have a CCJ against me and am wondering what will happen to this after 6 years. The CCJ is for council tax and dates back to 2005. I received a letter in that year summoning me to court - that is why I'm fairly sure it is a ccj. I did not attend court. I have since moved addresses but I have applied for credit cards and contract mobile phones etc since and I always get rejected. I had perfect credit before this incident.

I have read a couple of posts saying that ccj's 'drop off' the system after 6 years (which would be 2011 for me) but what does this mean exactly? Will all trace of it just erase after that time, even I have not paid any of it? Or will it only drop off if I pay it. Or will there still be some record of it somewhere, forever, even if I do clear it up?

If I was to pay it off now would there be repurcussions because I did not pay in the first place or what that just be the end of the matter? Would this clear my credit record or would I still have to wait until 2011?

Thanks in advance for your help.


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 Post subject: Re: What happens to a CCJ after 6 years?
PostPosted: Sat Sep 12, 2009 11:52 am 
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Hello Frenchie555

For council tax debts they do not get CCJs' they get a liability orders, and these are NOT time barred.

If you have received a court summons and have not paid the arrears, the local authority can then ask the Magistrates Court to issue a liability order. The outcome of this may be one of the following:
:arrow: Deduction from your wages through an attachment to earnings
:arrow: Deduction from Income Support
:arrow: Deduction from Jobseeker's Allowance
:arrow: Instruct a bailiff to seize goods from your home to cover the amount of the arrears. For more information on bailiffs.

However what yo must realise is that a liability order is not subject to the Statute of Limitations, which means if can come back to bite you in many years time, and normally by then it is in the hands of the Bailiffs, so your original LO may have been for £200, but that can easily get up to over £1000, with charges etc.

LO's are not registered on your CRFs which is why you have been able to obtain CC's etc

LO's are one of those beasts that we strongly advise you deal with, or the next thing you may know is a knock at the door from the Bailiffs!!

Tim

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 Post subject: Re: What happens to a CCJ after 6 years?
PostPosted: Sat Sep 12, 2009 12:33 pm 
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Talbot's advice is spot on. It is a priority debt owed to the Government. Go on any of the debt help websites and you will read some hair curling stories about council tax debts and bailiffs who think they are the Gestapo.

I don't want to be over dramatic but £200 can soon become £2000 when it gets to their bailiffs. One story I remember reading about was a £1200 council tax debt escalating to over £10K.

Unless your planning to live the rest of your life on a desert island, find out what you owe and pay it.


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 Post subject: Re: What happens to a CCJ after 6 years?
PostPosted: Sat Sep 12, 2009 8:53 pm 
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and you need to remember it is a criminal offence not to pay it....

The ultimate sanction for "wilful" non payment of council tax is imprisonment. This means that generally it is old ladies and vicars who go to prison as they have not paid on principle. They too are the ones carried kicking and screaming out of prison (usually just before Xmas!) as an anonymous benefector has paid it for them. My theory is that this "anonymous benefactor" is the council themselves as they do have the right to remit council tax - generally when it would give them bad press not to.

Unfortunately I do not think you fall into this category and as both TalbotWoods and Simon have said you need to get this sorted.

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 Post subject: Re: What happens to a CCJ after 6 years?
PostPosted: Sat Sep 12, 2009 10:12 pm 
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Oh gosh, that's worse than I thought! Thanks to you all for your advice. Do you know what the consequences of me making contact with the council and paying this off will be? I mean I know I need to do it but will I have to go to prison because I didn't pay in the past or will the fact I am paying now be the end of the matter?

Thanks...


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 Post subject: Re: What happens to a CCJ after 6 years?
PostPosted: Sun Sep 13, 2009 12:07 pm 
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You need to contact the council directly and come up with a reasonable set of mitigating circumstances. You probably lost communication because of moving, use your imagination and apologise that it was beyond your control.

They will be happy to get their money, so good luck.


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 Post subject: Re: What happens to a CCJ after 6 years?
PostPosted: Mon Sep 14, 2009 8:55 pm 
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Joined: Mon Sep 14, 2009 2:42 pm
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Frenchie555 wrote:
Hello, I have tried to search the internet for an answer to my quesitons but haven't quite found what I'm looking for. Basically, I think I may have a CCJ against me and am wondering what will happen to this after 6 years. The CCJ is for council tax and dates back to 2005. I received a letter in that year summoning me to court - that is why I'm fairly sure it is a ccj. I did not attend court. I have since moved addresses but I have applied for credit cards and contract mobile phones etc since and I always get rejected. I had perfect credit before this incident.

I have read a couple of posts saying that ccj's 'drop off' the system after 6 years (which would be 2011 for me) but what does this mean exactly? Will all trace of it just erase after that time, even I have not paid any of it? Or will it only drop off if I pay it. Or will there still be some record of it somewhere, forever, even if I do clear it up?

If I was to pay it off now would there be repurcussions because I did not pay in the first place or what that just be the end of the matter? Would this clear my credit record or would I still have to wait until 2011?

Thanks in advance for your help.


I think if you settle the account you can ask for an ammendment to be made the the credit file to show the account was settled. But the CCJ will still show for 6 years from issue date, because the only people who can have it removed would be the court (if at all).


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 Post subject: Re: What happens to a CCJ after 6 years?
PostPosted: Mon Sep 14, 2009 9:18 pm 
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Joined: Wed Mar 23, 2005 11:59 pm
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Location: The Cotswolds Edge
ticketyboo

Please read the answers to the OP's post and you will see this is not a CCJ issue.

And for information A CCJ if not settled within the first 28 days will remain on a CRF for 6 years from the date it is issued.

After the 28 days once you have paid it, you can request the owner of the CCJ to mark it as satisfied, but this will cost you about £35 in fees. CRA will not up date the entry without the Certificate of Satisfaction which is issued to the CRAs by the CCJs owner

Tim

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Want to talk to someone confidentially, without obligation and free of charge?
Abbreviations used in DQF
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My advice is guidance only, if you want the law then consult a lawyer!
(c) All Spelling mistakes are my own design, infringement of them may result me sulking!


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