Unsettled CCJ's over 7 years old - Advice on how to resolve please... (2024)

8 October 2012 at 10:28PM

Hi

It is right that the CCJ would have dropped off your file - they only stay on for 6years.

Starting to repay them now won't make the CCJs reappear on your file, and debt collectors chasing the amount should not enter anything on your credit file in relation to this debts.

In terms of debts without CCJs - again these will very likely have dropped off your file (6years from whenever they registered a default with the credit agencies). And again should not be re-entered whatever that happens now. The only exception would be if any creditor tried to obtain a CCJ (even on a statute barred debt) and you didn't defend it - in which case a new CCJ would appear until you made a set aside application (the defence being it was statute barred at the time of the CCJ).

If your bank reports your current account to the credit reference agencies and has updated the address on your credit file - then that is likely how they traced you to the current address.

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8 October 2012 at 10:38PM

Is it "safe" to check my credit file, or am I better off not taking the risk and contacting the court directly to make repayment? Is contacting the court the right thing to do? Or are there any other options?

Is it right to think it's probably too late to contest any of the charges I incurred all those years ago, making the debts grow substantially at £30+ a hit in bank charges and whilst passed between collection agencies who refused to accept the repayments I could afford? I really do wish I knew what I do now ��

Thanks for your advice, appreciated ��

fatbelly Posts: 20,448 Forumite

9 October 2012 at 12:03AM

3AMC wrote: »

I
I have since stated getting letters through again, probably relating to these CCJ's from Lowell Portfolio / Red Debt Collection Services and Pace Forward at my new address.

So Lowell/Pace aren't quoting the court reference (9AB123456 format) when they write to you. Maybe they don't know the debts had ccjs attached.

Angry_Bear Posts: 2,021 Forumite

9 October 2012 at 12:21AM

If it has been over 6 years since you last made a payment to the CCJ the creditor (or DCA, such as Lowells) would have to apply to the court to get permission before they could take any legal action to enforce the debt.

I think you'd be safe to get your credit report*. But before contacting Northampton and making any payments, I'd be sending a "prove it/statute barred" letter to Lowells.

* I'm not an expert and refuse to take responsibility if I'm wrong

FireWyrm Posts: 6,557 Forumite

9 October 2012 at 8:50AM

I dont think it really is worth the time and effort to pay this. These debts are well and truly statute barred, your 6 year sentance has been served and you are now (preumably) more responsible.

Frankly, I'd ignore them...or, send them a 'statute barred' letter saying the same thing

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fatbelly Posts: 20,448 Forumite

9 October 2012 at 9:08AM

Angry_Bear wrote: »

I think you'd be safe to get your credit report*. But before contacting Northampton and making any payments, I'd be sending a "prove it/statute barred" letter to Lowells.

That would flush out what they have on this account. Sensible strategy.

10 October 2012 at 8:24AM

I hope this doesn't sound silly, but how can I tell if the reference they are quoting is a court reference or one of their own? I guess there is the possibility that one or both of these companies are perusing me for the debts that a CCJ was not registered against?

I was under the impression that CCJ's never go away and must be paid, as they cannot be statute barred? The last thing I want is an attachment of earnings, when I could have sorted this out easily....

Thanks all

10 October 2012 at 8:37AM

fatbelly wrote: »

So Lowell/Pace aren't quoting the court reference (9AB123456 format) when they write to you. Maybe they don't know the debts had ccjs attached.

I am reluctant to keep opening these letters, as I normally write "return to sender...not at this address" but from the two that I have looked at, one only has "our reference" and is asking for address confirmation only and literally no other information with regards to what it is about (but I'm pretty sure this is one of the normal debt letters, with the typical line, "if we do not hear from you, we will assume we have the correct address") - which also leads me to believe this one may be a statute barred debt. The one from Lowell, quotes my old Natwest student bank account number and their reference, which is only numbers that mean nothing to me.

How can I find out which companies my CCJ's were from without making any contact / being traced?

I am worried about the consequences of not paying these CCJ's and them coming back in years time to bite me, if they (as I believe them to be), still enforceable. (And even if these letters end up not being related to them, I want to start doing whatever is necessary now so I don't end up in any more trouble!)

fatbelly Posts: 20,448 Forumite

10 October 2012 at 9:11AM

3AMC wrote: »

I am reluctant to keep opening these letters, as I normally write "return to sender...not at this address" but from the two that I have looked at, one only has "our reference" and is asking for address confirmation only and literally no other information with regards to what it is about (but I'm pretty sure this is one of the normal debt letters, with the typical line, "if we do not hear from you, we will assume we have the correct address") - which also leads me to believe this one may be a statute barred debt. The one from Lowell, quotes my old Natwest student bank account number and their reference, which is only numbers that mean nothing to me.

How can I find out which companies my CCJ's were from without making any contact / being traced?

I am worried about the consequences of not paying these CCJ's and them coming back in years time to bite me, if they (as I believe them to be), still enforceable. (And even if these letters end up not being related to them, I want to start doing whatever is necessary now so I don't end up in any more trouble!)

Broadly speaking, you have two strategies available - ignore or engage.

You have to decide which one to take. You can't say 'I want to start doing whatever is necessary now so I don't end up in any more trouble' while at the same time doing the "return to sender...not at this address" thing.

You have had good advice on this thread.

To answer your specific questions:

• a court reference is in the format I gave earlier
• any ccjs less than 6 years old would apppear on your credit files (also would be on the records of the registry trust)
• any ccjs older than that could only be enforced by a separate decision of the court

If you are OK with making payment to valid non-statute barred debts then folllow Angry Bear's strategy.

Hope that helps, 3AMC

10 October 2012 at 10:40PM edited 10 October 2012 at 10:52PM

To be honest, I still feel unsure of what I should do and which is the best option to take, hence why I have always ignored it all.

Is it normal practice for a court to enforce CCJ's over 6 years old? - It's these that mainly concern me. Payplan have advised me that if I don't pay them, I will get an attachment of earnings - is this correct information?

The only other thing I am unsure of is exactly when I last made a payment to the court. Have all 3 CCJ's have dropped off my credit file because a payment has not been made within 6/7 years? I am thinking worst case if I approach the DCA's as advised, and it turns out the debt cannot be statute barred after all, have I then re-started the contact?

I really am terrified of making the wrong move