CCJs not on Register of Judgements, Orders and Fines

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    CCJs not on Register of Judgements, Orders and Fines

    Copied this from a members post on another Forum - anyone have the answer?

    Does anyone know if it’s possible to find CCJs that have not been registered on the Register of Judgements, Orders and Fines?

    I know that CCJs for not paying rent are not registered on the Register unless the landlord attempts to enforce the Order.


    #2
    No it's not.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #3
      Even if you do it via MCOL ?

      Comment


        #4
        Small claims CCJs are automatically registered, section 8 housing judgements aren't.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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          #5
          Any judgment for money can be added to the register of fines. Only money claim judgments are automatically added. I don't think one can search for judgments which aren't registered.

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            #6
            I'm sure that a money claim ccj isn't registered if it is obtained at the same time as a possession order. Am I correct?

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              #7
              Originally posted by Berlingogirl View Post
              I'm sure that a money claim ccj isn't registered if it is obtained at the same time as a possession order. Am I correct?
              A money claim judgment is a judgment for a monetary claim (only). A judgment for possession which includes an order to pay rent is not a money claim judgment.

              So you're correct this isn't automatically registered - but it can of course be registered manually by the judgment creditor with the registry (and they should of course do so!)

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                #8
                Originally posted by ChrisDennison View Post

                A money claim judgment is a judgment for a monetary claim (only). A judgment for possession which includes an order to pay rent is not a money claim judgment.

                So you're correct this isn't automatically registered - but it can of course be registered manually by the judgment creditor with the registry (and they should of course do so!)
                Ah, I bet a lot of people didn't know that. I certainly didn't. For future reference, should I ever need it, how do you register it manually?

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                  #9
                  Originally posted by Berlingogirl View Post

                  ... how do you register it manually?
                  I don't think you can, except by taking enforcement action.

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                    #10
                    Originally posted by StuartH View Post

                    I don't think you can, except by taking enforcement action.
                    You just contact the Register and ask for the judgment to be added.

                    PS: which 'enforcement action' would in your opinion result in the judgment being registered?

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                      #11
                      Originally posted by ChrisDennison View Post
                      but it can of course be registered manually by the judgment creditor with the registry

                      Unfortunately it can't.

                      Originally posted by ChrisDennison View Post

                      You just contact the Register and ask for the judgment to be added.
                      They'll tell you that you need to enforce the judgement.

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                        #12
                        [Removed as incorrect]

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                          #13
                          Originally posted by ChrisDennison View Post
                          [Removed as incorrect]
                          Thanks.

                          The Register of Judgments, Orders and Fines Regulations 2005

                          Exempt judgments – High Court and county courts

                          (d) an order for the payment of money arising from an action for the recovery of land (whether for costs, payments due under a mortgage, arrears of rent, or otherwise), until the creditor takes any step to enforce the order


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                            #14
                            I’ve got to say sometimes it helps to look into the statute I had a dealing with the Registry Trust a few years ago where I asked them why my judgment wasn’t registered and they said they would add it - but looks like this was incorrect advice.

                            Mea culpa.

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