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expired ccj that i am being chased for

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  • expired ccj that i am being chased for

    Hi everyone,

    I had a ccj registered in June 2010 which has now expired. It was apparently from a debt for Mbna in 2007 for £2548.52. I was unaware that this debt still existed as my then wife was settling all outstanding debts from the sale of our home.

    We were in the process of splitting up and i was moving to Spain to get away. I left a forwarding address with the new owners of the property for any mail.

    I then returned to UK several years ago, but was unaware of any debt. I didn't do credit cards or need credit at that time and didn't know my credit history. I moved to my present address in 2015 dec. I received a letter from arrow saying that i owed the £2548.52 as it had not been settled and a CCJ had been issued through the courts.

    On checking my credit score i obviously haven't got it registered as the 6 year period is now up. I'm aware that under normal circumstances without a CCJ this is statute barred and there is no re-coarse for them to claim the monies back. As it was a CCJ i knew this would be different and although they cannot apply for another CCJ, I am worried they may apply to the courts to freeze my account !

    I took advice from stepchange and they informed me that i can apply to the courts to have this put aside. I should therefore write to Arrow Global and ask them for proof of the CCJ and that they have made reasonable attempts to contact me. I have done this and they said they would look into it. They have returned and said that although i have asked for evidence of the debt and that they made reasonable effort to contact me, that they are under NO obligation to do so as a CCJ was issued ! I also asked how can a CCJ be issued if i was not informed of the debt and could not argue against it or settle the debt before court proceedings !

    They have said if I try to get the debt struck off they will defend against it .

    What are my choices here as I am not in a financial position to pay this debt off
    Last edited by Snowboarder; 30th January 2017, 17:38:PM. Reason: bad grammar
    Tags: None

  • #2
    Re: expired ccj that i am being chased for

    CCJ by default if you did not answer N1 court forms etc???

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    • #3
      Re: expired ccj that i am being chased for

      As the CCJ was issued over 6 years ago, it shouldnt show on your credit report and the creditor would have real problems trying to enforce via the courts, so in my opinion it would be a waste of time, money and effort applying to have it set aside as there is b..... all they can do about it. I would just ignore and forget about it.

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      • #4
        Re: expired ccj that i am being chased for

        thanks for the reply,,my thoughts exactly you just hear that it cant be statute barred. they have come back with the we dont have to provide details of their efforts through the collection agencies lol i@ll be replying telling them to produce them as i have no record that it was never paid, and the made every effort to contact me ..

        Comment


        • #5
          Re: expired ccj that i am being chased for

          They would have to produce everything if they tried to take you to court and that's the only way of getting the money, the Judge I believe would also not be too pleased at how long it's taken them, If they can not prove the debt to you as you have asked, I doubt they could for a judge..
          Last edited by enaid; 31st January 2017, 02:52:AM.

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          • #6
            Re: expired ccj that i am being chased for

            Snowboarder, I would just ignore it, file it away and forget about it. You have nothing to gain by contacting them asking to produce records etc
            Last edited by CYNthesys; 31st January 2017, 16:44:PM.

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            • #7
              Re: expired ccj that i am being chased for

              I have just heard today that my husband has 2 ccjs but we only knew of one that was made a charge against the house. Are all ccjs automatically charges in that way?

              Comment


              • #8
                Re: expired ccj that i am being chased for

                no you would have been given notice of pending interim order and then a chance to go to court if you disagree, next stage would be a final charging order or if joint owner and not on the CCJ only a Restriction put on although they will say Charging order.

                Comment


                • #9
                  Re: expired ccj that i am being chased for

                  It might be worth checking the Trust Online Register as well.
                  https://www.trustonline.org.uk/
                  ( [MENTION=94730]Snowboarder[/MENTION] )
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

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