Debt of 8 years old and have just had a CCJ put on my file.

[john45uk]

Dear all

This is quite a long story but will try to keep it brief but accurate. In 2006 I had a loan which I could no longer pay. Things were very dire, lost my job but had the opportunity to move abroad where the work was more plentiful. In 2009, I came back, got work again and tried to start afresh. No more loans, no credit cards and just basic account and paid things the old fashioned way i.e. cash.

Have now got to the point where I can provide for my family JUST . Then today, I received an alert from my credit report site that I had a CCJ put against me five days ago for the aforementioned debt which is now nine years old. I have had no contact with Halifax since 2006 and the CCJ is for an address that I lived briefly for 4 months in 2010 and therefore, I would not have known anything about it but for the fact that my credit report site emailing me today. I have not received any notification of their intentions as I have lived in four different addresses since coming back from abroad and I would like to get some of your thoughts on where I should proceed with this. I do not know what court this was processed in and if I contact Halifax or the relevant debt agency, then am I opening a can of worms ??? They will then have my new details and then its going to snowball.

I am not worried about myself, but for my child and wife as when it comes to renting and yearly credit checks this could have dire consequences.

John Geer

[Amethyst]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Hi John

You will likely be wanting to apply to set this judgment set aside on the grounds that you did not receive the claim and had no opportunity to defence, and the debt was statute barred before the claim was bought against you.

It is most likely to have been dealt with at the county court bulk centre ( business centre) in Northampton - it should say on the judgment order?

First step is to call the court and ask them about the CCJ, when it was issued and to what address as you only found out about it today - they will probably say they will send you the forms to apply to set it aside ( you don't need them as they are online but often it makes you feel better having spoken to the court - although the waiting in a queue on hold for hours can be a tad tedious ).

I'll find the link to the info for applying for a set aside for you.

[Amethyst]

Re: Debt of 8 years old and have just had a CCJ put on my file.

http://www.legalbeagles.info/forums/...lication-notes

Do you recall what the debt was ? credit card/loan/overdraft ?

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Many thanks Amethyst. Just wanted to started afresh and have had a perfect credit score until today. Win some loose some :tinysmile_hmm_t2:

My credit report does say at what address the claim was issued but will seek clarification. The report also has a case number but whether that is for my credit report site or for the courts, I do not know.

[Amethyst]

Re: Debt of 8 years old and have just had a CCJ put on my file.

You will need the case number for making any application so it probably is best to call the court and find it out - just explain you've had notification from your credit report but you know nothing of it and you can give them the address you think it was registered at. It is likely to be over 28 days ago the judgment was given if it is on your file already so you may be able to get details of it from the register of judgments - http://www.trustonline.org.uk/

If you do get it set aside and sucessfully defend as statute barred, your credit file will be back to clear xx

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Dear Amethyst

It was for a loan and possible overdraft. I downloaded the CCJ from TrustOnline and the debt is for £9090 and it was issued on the 15th of this month so my credit alert was very swift in notifying me of the change. It also gives me the address at which the CCJ was issued and the court / case number for this judgement. Therefore, I have all the relevant information needed. Just need to set the ball in motion. Shall I contact the court verbally and verify this information still ????

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Have read the N224 form. Do not know yet who is making the claim against me so will have to phone up the court ? Then I need to phone up the claimant to see if they will set it aside and if not pay £155 to the court ?

Draft Order, I am unsure of as I do not know when to set aside the judgement.

Witness Statement is a sticky point as I have moved so many times including three years living in New Zealand (2006 - 2009) and briefly ,(4 months) 2010, at the address to which this CCJ was served just five days ago. I had no idea of any proceeding that were going to be issued to myself up until this time. It is a very complicated life I have lead. :-(

I certainly did not inform anybody of my changes of addresses though, so I might just get my comeuppance on this one.

Either way, thank you for your excellent advice Amethyst

[Amethyst]

Re: Debt of 8 years old and have just had a CCJ put on my file.

I would call the court to find out the claimant in the case yes, it is likely to be a debt collection company like Lowell using a solicitors firm for the claim - once we know who that is we'll have a better idea how to play it. I don't think the court will send you a copy of the original claim but if you can get as much info as possible that will help suss out your next steps.

It won't take very long for them to find you now you have your credit file updated with new and old addresses, so I do think it is best dealt with. The creditors had opportunity to bring court action long before now, before the debt was barred by statute, they had your address in 2010, so why did they not bring action then ? and so on.

Loan and an overdraft ? rolled into one, the statute barred isn't the only argument you might have by way of defence - once we know a bit more it might be an idea to send off a formal CCA request to either Halifax or the claimant for a copy of the credit agreement. Best bet will be Halifax as they won't know (or care) about the judgment against you.

Anything else showing on your credit file about this debt at all ?

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Nothing else shows on the downloaded report apart from the statement " unsatisfied judgement ".

Will phone up tommorow for more detailed information.

Many thanks. Now time for us all to rest for another day. Xx

[Kafka]

Re: Debt of 8 years old and have just had a CCJ put on my file.

You would expect on the credit report that the CCJ will be registered in one section and there may be another entry for the same debt recorded along with other accounts, usually recording the payment record and the details of default. These details are useful to work on if they show the date of default. Check again to see if you can match the CCJ to another entry.

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Phoned the court today and the debt is with Cabot and the solicitor that they have used is Wright Hassall solicitors. There is nothing else showing on my credit file about this debt. Once I send off a formal CCA request it is going to open a whole new can of worms :-(

ie current address etc.

[Kati]

Re: Debt of 8 years old and have just had a CCJ put on my file.

If you're registered at the address you live at now (council tax / water rates etc...) then your credit file would already have your current address. I wouldn't worry about "opening up a can of worms" - there'll be nothing happens that the Beagles can't advise on

[nemesis45]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Phoned the court today and the debt is with Cabot and the solicitor that they have used is Wright Hassall solicitors. There is nothing else showing on my credit file about this debt. Once I send off a formal CCA request it is going to open a whole new can of worms :-(

ie current address etc.

A CCJ will be recorded in the " public record" section of a credit report.

nem

[FlamingParrot]

Re: Debt of 8 years old and have just had a CCJ put on my file.

Phoned the court today and the debt is with Cabot and the solicitor that they have used is Wright Hassall solicitors. There is nothing else showing on my credit file about this debt.

Would it be Cabot Financial (UK) Limited? If so, this should be of interest: http://www.legalbeagles.info/forums/...941#post584941
...as should this: http://www.legalbeagles.info/forums/...censed+trading :grin:

Once I send off a formal CCA request it is going to open a whole new can of worms :-(

The CCA request could be refused on the basis that judgment has been obtained. :mmph:

ie current address etc.

What about your current address? A CCA request won't alert other creditors of anything if that's what you mean.

[john45uk]

Re: Debt of 8 years old and have just had a CCJ put on my file.

So basically on my understanding of what has been said, as a CCJ has been granted against me, then its too late to get it set aside and claim it is a debt that is now around nine years old Flaming Parrot. In which case I should apply for an IVA through them ???