CCJ after default has passed?

[vegas3]

Hi,

I had a number of credit cards which were defaulted in and around 2006 I started in 2006 making payments through a DMC and continue to do so now. All records of the debt and defaults have been removed from my credit report files.

My question is this, if I now dont make any further payments can they go for a CCJ (just lost my job again due to ill health)? I am assuming that they cannot! Also is there a time limit on when a lender can go for a CCJ?

What would happen also if I were to receive a CCJ? My understanding is that a default drops off your credit file after 6 years whether paid off, unpaid or like me, still paying. Experian also told me that all reference to that debt and its account must stay off your credit file and cannot be re-instated so what would happen to the credit file if I were to receive a CCJ? On the one hand a CCJ surely would be put on my credit file, but on the other hand after 6 years the default and any information regarding the debt must be removed from the credit file.

My understanding from the Information Commissioners office is that it is unfair that someone paying, or even trying to pay off a debt (such as me) should be at a disadvantage against someone who paid nothing at all.

In the case of someone having a default issued on the same date as mine and then paying nothing at all, they would have their credit file totally cleaned of that debt and account after 6 years, whereas if I am still paying after 9 years and then decide not to pay or reduce my payments and then received a CCJ 9 years after default and it was put on my file then I am at a disadvantage because if so, then the CCJ would be there for a further 6 years.

So, is it likely that a creditor could or would go for a CCJ on an 9 year old debt? Is there a time limit on taking court action (CCJ) on a debt 9 years old that is not statute barred? but more importantly would it re appear on my credit files?

I kmow I am splitting hairs here a bit, but I would like to know exactly where I stand before deciding on my next step.

So, any help gratefully received,

regards

V

[judgemental24]

Re: CCJ after default has passed?

Simple answer is yes, they can go for a CCJ if you stop payments

[Kati]

Re: CCJ after default has passed?

As you've been paying a token amount the whole time, the SB clock has not started ... so the debt is still enforceable :sorry:. If you now stopped paying and they went for (and got) a ccj, it would be on your credit file for a further 6yrs

You could, however try a cca(?) request to see if they have the original agreement

[vegas3]

Re: CCJ after default has passed?

Thank you so much for your prompt reply, it is greatly appreciated. Would the CCJ appear on my credit? how could it appear if the debt has been removed?

Thank you again for your time.

[FlamingParrot]

Re: CCJ after default has passed?

I had a number of credit cards which were defaulted in and around 2006 I started in 2006 making payments through a DMC and continue to do so now. All records of the debt and defaults have been removed from my credit report files.

My question is this, if I now dont make any further payments can they go for a CCJ (just lost my job again due to ill health)? I am assuming that they cannot! Also is there a time limit on when a lender can go for a CCJ?

I'm afraid they CAN go for a CCJ because, even though the defaults have dropped off your credit files, the fact that you've been making payments all this time means the debts are not statute barred and wouldn't be for another six years after you stop paying.

The time limit you refer to only applies to cases where no payments or written acknowledgments have been made in at least six years. :ohwell:

What would happen also if I were to receive a CCJ? My understanding is that a default drops off your credit file after 6 years whether paid off, unpaid or like me, still paying. Experian also told me that all reference to that debt and its account must stay off your credit file and cannot be re-instated so what would happen to the credit file if I were to receive a CCJ? On the one hand a CCJ surely would be put on my credit file, but on the other hand after 6 years the default and any information regarding the debt must be removed from the credit file.

A CCJ would be recorded not only on your credit file but, more importantly, on the public registry of jugments, for six years from the date of judgment. I say more importantly because your credit file can only be accessed by companies that share data with the CRAs (such as banks and DCAs) while the public registry is searchable by anyone upon payment of a small fee so if I knew your name and address I could do search to see if you've got CCJs even when I could never access your credit files. :mmph:

My understanding from the Information Commissioners office is that it is unfair that someone paying, or even trying to pay off a debt (such as me) should be at a disadvantage against someone who paid nothing at all.

That's only in regards to how accounts are reported on credit files, once they drop off no-one will know if you are paying them or not and if you get a CCJ, it won't say that you'd been making payments towards the account if you see what I mean, only if you paid it in full within 28 days, then it would be removed off the public record and not registered on your credit files. :ohwell:

In the case of someone having a default issued on the same date as mine and then paying nothing at all, they would have their credit file totally cleaned of that debt and account after 6 years, whereas if I am still paying after 9 years and then decide not to pay or reduce my payments and then received a CCJ 9 years after default and it was put on my file then I am at a disadvantage because if so, then the CCJ would be there for a further 6 years.

Extremely unfair but sadly true. Which is why some of us made the decision not to pay anything at all!

So, is it likely that a creditor could or would go for a CCJ on an 9 year old debt? Is there a time limit on taking court action (CCJ) on a debt 9 years old that is not statute barred? but more importantly would it re appear on my credit files?

As above they would be free to issue a claim on a debt of any age that's not statute barred and any CCJs would appear on file unless paid in 28 days.

Having said that, it's not all doom and gloom. If you look around the site, you'll find a lot of people who receive claims they cannot successfully defend have managed to avoid a CCJ via a Tomlin order which stays all proceedings as long as you keep to the terms of the order. Tomlin orders are not recorded anywhere, either on your credit file or the public records, however, you should be aware that if you were to break the terms of the order, they could request summary judgment, so they are to be used only as a last resort for claims that cannot be defended.

I kmow I am splitting hairs here a bit, but I would like to know exactly where I stand before deciding on my next step.

So, any help gratefully received,

While your debts are not statute barred, some may well be unenforceable if they are from before April 2007. One way to find out is to send out CCA requests and see what they come back with. In many cases they may not be able to find the agreement or the purported agreement you allegedly signed may not have had all the prescribed terms. :grin: :grin: :grin:

[vegas3]

Re: CCJ after default has passed?

Thank you Kati.

Can you please point me in the right direction for a CCA and advise on the potential shortfalls of this? can I do this myself whilst i'm still with the DMC?

[FlamingParrot]

Re: CCJ after default has passed?

Thank you Kati.

Can you please point me in the right direction for a CCA and advise on the potential shortfalls of this? can I do this myself whilst i'm still with the DMC?

Although I'm not Kati :grin: I can still point you in the right direction, you'll find the CCA request template here: http://www.legalbeagles.info/forums/...y-of-Agreement :nerd: If the accounts have been sold to debt purchasers I'd be inclined to use the more in-depth version further down. (Ignore the 2007 date on that post, it has been updated. )

You have a lawful right to request a copy of your agreement at any time as long as there's an outstanding balance on the account and judgment has not been obtained, regardless of whether you are making payments or not. :thumb:

- - - Updated - - -

Thank you so much for your prompt reply, it is greatly appreciated. Would the CCJ appear on my credit? how could it appear if the debt has been removed?

Thank you again for your time.

A judgment would be a brand new entry and totally separate from the original default. :mmph:

[vegas3]

Re: CCJ after default has passed?

Thank you so much for you very informative replies, I ma very grateful. now need to find out more about CCA as all were well before April 2007!

[vegas3]

Re: CCJ after default has passed?

Thank you to everyone for your time and prompt replies, it is truly greatly appreciated. What a fantastic website

[FlamingParrot]

Re: CCJ after default has passed?

Thank you so much for you very informative replies, I ma very grateful. now need to find out more about CCA as all were well before April 2007!

The significant point about April 2007 is that there was a change of legislation when s.127(3) of the Consumer Credit Act was repealed so it no longer applies to accounts opened after that time but still applies to older ones. :clap2: Basically it prevents the court from enforcing a debt unless there was a properly executed agreement with all the prescribed terms at the time of inception, and in many cases all you'd have filled in would have been an application form in booklet format and the terms could have been sent later with the card.

It would be useful if you could give us a bit more detail about your various debts :typing: as some of us have been there, done that if you see what I mean.

Would be good to know:

• Who was the original creditor (bank, etc.)
• What sort of debt it was (card, loan, overdraft, etc.)
• Approx amount outstanding
• Approx start date
• Current owner (debt purchaser)
• Whether you applied online or how you applied
• Anything else that may be relevant, such as whether there was PPI

[vegas3]

Re: CCJ after default has passed?

They are all credit cards and here is the latest update until January 15. The original card holder name and who owns the debt now some were applied for online and some by sales person at booth. I cannot remember if they had PPI:

CARD	APPX TOTAL DEBT PAID	APPX %	APPX TOTAL DEBT INC	MONTHLY AMOUNT	AMOUNT OUTSTANDING	UPDATED	TIME LEFT YEARS	AMOUNT PAYMENTS
Barclaycard EGG	£3,767	49.65	£7,586	£41.85	£3,819.58	01/01/2015	7.61	91
Robinson Way & company ltd HSBC	£963	49.39	£1,950	£10.70	£986.90	01/01/2015	7.69	92
Robinson Way & company ltd HSBC	£236	49.40	£477	£2.62	£241.51	01/01/2015	7.68	92
Link Financial Ltd mbna	£4,636	48.54	£9,550	£51.51	£4,914.10	01/01/2015	7.95	95
Mercers Debt Collections Ltd Barclays	£2,075	49.58	£4,184	£23.05	£2,109.66	01/01/2015	7.63	92
MINT	£4,076	49.38	£8,255	£45.29	£4,178.78	01/01/2015	7.69	92
Royal Bank of Scotland Credit Cards	£3,182	49.41	£6,441	£35.36	£3,258.99	01/01/2015	7.68	92
	£18,934		£38,444		£19,509.52

[vegas3]

Re: CCJ after default has passed?

I have supplied all of the information I currently have. another point to add is that if I do send the CCA this will not force them to apply for a CCJ will it?

Look forward to your reply and continued time and support.

Thank you.

[nemesis45]

Re: CCJ after default has passed?

I have supplied all of the information I currently have. another point to add is that if I do send the CCA this will not force them to apply for a CCJ will it?

Look forward to your reply and continued time and support.

Thank you.

The provisions of sections 77/78/79 of the Consumer Credit Act give you the right to request information regarding credit accounts, credit cards, loans, HP account, but these do not apply to " service contracts" e.g., Mobile Phone accounts, current accounts and overdrafts are not provided for.

A CCA request has a statutory fee of £1 it's best to use a cheque or Postal Order endorsed " For Statutory Fee Only" to prevent creditors applying the payment to the account. Creditors have 12 + 2 Working Days to comply.
Just too simplify this for you.

nem

[FlamingParrot]

Re: CCJ after default has passed?

I have supplied all of the information I currently have. another point to add is that if I do send the CCA this will not force them to apply for a CCJ will it?

Look forward to your reply and continued time and support.

No, it won't force them to do anything, it's your lawful right to request a copy of your agreement at any time. :thumb:

If they were to issue a claim, it would be useful to be prepared and know where you stand with regards to the paperwork they have.

I shall take a look at your post above and respond a little later.

[FlamingParrot]

Re: CCJ after default has passed?

They are all credit cards and here is the latest update until January 15. The original card holder name and who owns the debt now some were applied for online and some by sales person at booth. I cannot remember if they had PPI:

CARD	APPX TOTAL DEBT PAID	APPX %	APPX TOTAL DEBT INC	MONTHLY AMOUNT	AMOUNT OUTSTANDING	UPDATED	TIME LEFT YEARS	AMOUNT PAYMENTS
Barclaycard EGG	£3,767	49.65	£7,586	£41.85	£3,819.58	01/01/2015	7.61	91
Robinson Way & company ltd HSBC	£963	49.39	£1,950	£10.70	£986.90	01/01/2015	7.69	92	Is this loan, card or O/D?
Robinson Way & company ltd HSBC	£236	49.40	£477	£2.62	£241.51	01/01/2015	7.68	92	Is this an overdraft?
Link Financial Ltd mbna	£4,636	48.54	£9,550	£51.51	£4,914.10	01/01/2015	7.95	95	Was this originally an MBNA card or something else?
Mercers Debt Collections Ltd Barclays	£2,075	49.58	£4,184	£23.05	£2,109.66	01/01/2015	7.63	92	Not sold then, Mercers are an in-house collection arm of Barclays. Barclays are notoriously bad at supplying agreements. ray:
MINT	£4,076	49.38	£8,255	£45.29	£4,178.78	01/01/2015	7.69	92
Royal Bank of Scotland Credit Cards	£3,182	49.41	£6,441	£35.36	£3,258.99	01/01/2015	7.68	92	I've got one of these with a similar balance (a little higher) which they sent an application form with no terms and I've not heard a peep in over 3 years. :grin:
	£18,934		£38,444		£19,509.52

What's that appx% column? It's not interest you are paying on your debts, is it? :scared: Or does that mean you've paid roughly 50% of each debt?

I have added another column with a few comments. I assume they would all have been pre-April 2007. It would make a difference if you applied online for any of them from 2005 onwards as a tick box would be as good as a signature and there wouldn't be a proper agreement, only a printout of the terms and those are very easy to recon. The Eggs are often said to be enforceable but I'm not sure Barclays will have all the agreements for those. I've got an old Egg and I've never heard anything in over five years. :grin: With MBNA it's hard to tell, it all depends on the type of card you had and there's been so many. Some MBNAs are fully enforceable even from the 90s whilst others were just short application forms in booklet format (unenforceable as no terms at inception :clap2. They also bought the Abbey and A&L cards and a few others. Mine was an old A&L card and no trace of the agreement was found. :grin:

From the above looks like a lot of them haven't been sold. I can't give you any guarantees but all I can say is that these days you hardly ever see a court claim issued by a bank, if you look around all claims are issued by debt purchasers, notably Lowell but also Cabot, MKDP, Arrow and Capquest.