PDA

View Full Version : Court procedure to record CCJ



islandgirl
06-12-2005, 16:16 PM
Hello all - obtained first ever judgement under section 8 - tenants "did a moonlight" on the day of the hearing. We have court order and deadline for payment of almost £2000 ran out early this week. I posted previously and have looked as advised at Davidjohnbuttons posts - many thanks, they told me all I need to know about the various enforcement methods. However I am still unclear as to court procedure. The paperwork states
"if you do not pay the money owed when it is due and the claimant takes steps to enforce payment the order will be registered in the Register of County Court Judgements".
In order to ensure it is registered do we have to pay more money? Or is it automatically added to the register of CCJs? I thought the latter was the case. Do I just inform the court that they have not paid?
Also I don't think tenant will be working now but may be in a year or two - and that gives me chance to find him. I think I have read that you can enforce for 6 years - is this correct?
Many thanks to all for your help.

davidjohnbutton
06-12-2005, 17:07 PM
The order is registered as a County Court Judgment as soon as you commence enforcement it seems in this case. It is therefore a conditional judgment - i.e. pay and no CCJ - dont pay and it gets registered.

So in order to register the judgment, you will have to take out one of the enforcement methods I have mentioned in my various posts.

Its the first time I have seen judgments registered like this - they are usually registered shortly after the judgment is made and then removed if paid within 28 days.

You are not now limited to enforcement within 6 years - the judgment stays on their credit files for six years, but it falling off that and the official register of CCJ's held by Registry Trust does not stop you issuing enforcment after 6 years BUT you have to have leave to issue a Warrant of Execution more than 6 years after the judgment was issued. Your judgment effectively lasts for evermore and can be enforced forever subject to the leave in the case of a WofE above.