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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I have recently returned to the UK from living abroad. Before

Customer Question

I have recently returned to the UK from living abroad. Before I left in 2007 I had a CCJ relating to a mortgage shortfall for £100K+. I have obtained my credit file and there is nothing on it but I understand a CCJ like this remains in force for 12 years, ie to 2019? I havent opened a UK bank account yet and wonder how likely it is that the creditors will find me in due course. If they do, what is my best course of action. At the moment, I have no assets, house etc and only a temporary PT job 2.5 days a week but obviously hope to rebuild my financial security as I am nearing retirement age and need to have some funds in place to live. Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
Alex Hughes :

My name is***** and I'm happy to help with your question today.

Alex Hughes :

A judgment is only enforceable for 6-years. This probably explains its absence from your credit report.

Alex Hughes :

I am basing this on my knowledge and s.7 Limitations Act 1980.

Alex Hughes :

Also s.24 of the same Act states

24Time limit for actions to enforce judgments.

(1)An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

Expert:  Alice H replied 3 years ago.
I'm not sure if you received my answer as I seem to be having difficulties posting a response.
But just to make it clear the law is that judgments cannot be enforced after 6-years have passed. Both s.7 and s.24 Limitations Act 1980 make this clear.
Customer: replied 3 years ago.

Hi Alex, thanks for the reply. That was my understanding but when I asked one of your other lawyers Buachaill last year, his response was as follows:-

'The period for the Statute of Limitations on a judgment is very long - 12 years. So a money judgment obtained against you in 2007 will not be time barred until 2019. This is the reason why creditors seek to obtain judgment against debtors. Then a new fresh statute of Limitations period applies which is very long. It would only be if you became bankrupt and dealt with your creditors in that way, that the money judgment would become subject to bankruptcy law whereby it would expire after one year if you declared it in your bankruptcy.' So, you can see why Im a bit confused about this.

Customer: replied 3 years ago.

Ive found the answer on the National Debtline page and it seems it depends on whether the shortfall is comprised of arrears or interest. I have some investigating to do.

Thanks for your help, no need to reply to previous question

Expert:  Alice H replied 3 years ago.
No problem. If it relates to a mortgage deed then indeed it is 12-years under s.8 LA 1980.