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Ben Jones
Ben Jones, UK Lawyer
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If you have a county court judgement against you for debts

Resolved Question:

If you have a county court judgement against you for debts owed from a business that failed can the company you owed the money to send bailiffs after you two years after the court case was heard.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.


It is certainly possible for enforcement action to be taken a few years after the original CCJ was recorded. In the case of using bailiffs to try and enforce the CCJ, this could happen within the first 6 years of the CCJ and if that time limit has passed, the creditor could still try and use them if they obtain the court’s permission to do so. As you are just 2 years after the CCJ was issued, the creditor can still engage bailiffs without the court’s permission.

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

Customer: The debt collector left a handwritten message on the card asking me to discuss my son to "avoid bailiff action". Can he keep coming to my house to try and get info even though my son left 18 months ago. I live alone and find it quite intimidating.
Ben Jones :

You are not the debtor and as such have no obligation to answer to these people and they should not be pestering you, as it could amount to harassment on their part. If the bailiffs start knocking on your door then the following is useful information on how to deal with this:

http://www.dealingwithbailiffs.co.uk/debtor-gone-away.htm

Customer: What could someone in my sons position do to prove that, after paying his staff off, he honestly was left without a penny to his name. He didn't go down the bankruptcy route but has no money or assets to give this creditor.
Ben Jones :

Prove what exactly?

Customer: That he has no way of paying this debt so can
Customer: That he has no way of paying this debt. He doesn't own his own home and had to sell his car to pay an
Customer: That he has no way of paying this debt. He doesn't own his own home and had to sell his car so has no assets. Is he likely to be pursued for this money for years to come?
Ben Jones :

no one can predict whether they will pursue him for a while to come, they could give up if they realise the chances of recovery are low, but they could try everything in the book to try and get something back. There is no simple way to prove he has no money, all he can do is give a statement of his financial situation but they may believe him but they may not and continue pursuing him

Customer: Could I ask one last question. What is the "lifetime" of a CCJ and can creditors still pursue a debt after it has ended?
Ben Jones :

Hi, a CCJ would remain on your credit record for 6 years after it was registered. This is also how long the creditor has to pursue enforcement action against you. So for 6 years after the CCJ was issued they can start enforcement action against you, such as sending bailiffs, or using any other enforcement method they want. After the 6 years have passed they would need the permission of the court to take any enforcement action. Hope this clarifies?

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer: Would a large company such as abr
Ben Jones :

Did you mean to post anything else in addition to the above?

Customer: Sorry,would a large company like a brewery (my sons failed business was a bar) be willing to accept an amount of money that was only a fraction of the full debt if that was all we could raise to give them or will they want nothing less than the full amount owed ?
Ben Jones :

that is impossible to predict as you may imagine - it is not always the size of the business but the people behind it that make the decisions that would drive this, although the larger the business the more likely they are to be able to afford to write such debts off, it is the small companies that would be hit harder if they do not get the full debt back

Ben Jones :

Has this clarified the matter for you?

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