Are welcome aloud to issue a CCJ if they have not Defaulted account

[Mike1976]

Hi Guys.

Just a quick question, This is with regards to the wife's outstanding balance with WF. She has a CCJ issued for an unpaid balance with WF. I am confused as she has an outstanding balance with Welcome which to this day sits at 6mths missed payments and has done for well over five years. Now the balance is £ 3,738 and a CCJ was issued for £ 3,673 on the 28/08/2008. She has never to this day acknowledged this debt. She opened the account on 08/05/2007

Can this be classed as statue barred on 08/05/2013. They have never chased her for this debt since getting the CCJ. Are they able to get the original ccj without defaulting the account.

37 @ £ 88 (Monthly)	In Arrears
£ 3,738	£ 0
£ 0	£ 4,256
08/05/2007	04/02/2013
02/13

Payment History
This table shows how you have kept your account over time, for infomation about individual months pass your mouse cursor over the coloured block

Any Advice appreciated

Thanks Mike

[dogtired]

Re: Are welcome aloud to issue a CCJ if they have not Defaulted account

Would be intrested Mike so will subscribe!

[ploddertom]

Re: Are welcome aloud to issue a CCJ if they have not Defaulted account

A CCJ never becomes SB and you you will always owe the debt. However after 6 years it will fall off the credit history. On top of this once the 6 years are up they would need a good excuse to persuade a Judge if they want to enforce it.

[fuzzybrain]

Re: Are welcome aloud to issue a CCJ if they have not Defaulted account

A non CCJ debt only becomes staute barred after 6 years of non payment or acknowledgement of the debt.

As its CCJ as Ploddertom says it never becomes SD however if there was a lack of contact for a long period of time (at least several years without payment) the creditor may have to go back to court to explain why payments should be made and why they didn't re enforce the debt earlier.

[FlamingParrot]

Re: Are welcome aloud to issue a CCJ if they have not Defaulted account

Hi Guys.

Just a quick question, This is with regards to the wife's outstanding balance with WF. She has a CCJ issued for an unpaid balance with WF. I am confused as she has an outstanding balance with Welcome which to this day sits at 6mths missed payments and has done for well over five years. Now the balance is £ 3,738 and a CCJ was issued for £ 3,673 on the 28/08/2008. She has never to this day acknowledged this debt. She opened the account on 08/05/2007

Can this be classed as statue barred on 08/05/2013. They have never chased her for this debt since getting the CCJ. Are they able to get the original ccj without defaulting the account.

Not all lenders report accurately to the CRAs, what the credit file says may well be different from the account history. CCJs don't go SBd regardless of whether you acknowledge the debt or not, but as noted above, if they were not enforced after so many years, the creditor will have to go back to the court to enforce it and the court will wonder what's taken so long. If they are not bothering her with this, I'd just let sleeping dogs lie.

CCJs also drop off both the CRAs and the public records after 6 years without going SBd. Have you checked that a CCJ was actually obtained in 2008? ---> http://www.trustonline.org.uk/search-yourself/

If it was, it should still be showing up on that register. If they did obtain a CCJ, it would be too late now to argue whether the account was defaulted correctly or not.

[Mike1976]

Re: Are welcome aloud to issue a CCJ if they have not Defaulted account

Thanks for all the replies guys. Brilliant as always. Im not to concerned about the ccj to b honest .. And id love to let sleeping dogs lie. However the main problem is although in about a year the ccj will fall off WF still have the debt at 6 mths missed payments. And could b potentially at the status indefinetly. So even though shes had a ccj which affects her credit for the 6 year period. Its almost as though the ccjs for ever in the eyes of the Credit agencies.

Mike

[FlamingParrot]

Re: Are welcome aloud to issue a CCJ if they have not Defaulted account

No, it can't stay on file indefinitely, it should drop off 6 years after it was defaulted. I'd just wait and see what happens when the time comes, it may well vanish without a trace.

[Mike1976]

Re: Are welcome aloud to issue a CCJ if they have not Defaulted account

Thanks FP. I might sound like im repeating my self but. ''It might just vanish off without a trace''. Even when its never been defaulted?

Thanks again

Mike.

[FlamingParrot]

Re: Are welcome aloud to issue a CCJ if they have not Defaulted account

The credit report you pasted above clearly shows "default/delinquent balance", meaning a default has been recorded. Did she ever receive a Default Notice? A notice of sums in arrears?

[ploddertom]

Re: Are welcome aloud to issue a CCJ if they have not Defaulted account

A notice of sums in arrears?

You should get one of these every 6 months.

[Mike1976]

Re: Are welcome aloud to issue a CCJ if they have not Defaulted account

Considering i dont even know what that is id guess. No. Does that mean this should drop off after 6 years then

Mike

[Mike1976]

Re: Are welcome aloud to issue a CCJ if they have not Defaulted account

However unlike mine the wifes is still registered at previous addrrss.
Mike

[dogtired]

Re: Are welcome aloud to issue a CCJ if they have not Defaulted account

So is ours and its eight years this year when we moved four since we paid anything, not a thing from Mackenzie Hall since January.
Just hope that Welcome do not wangle the fee for a CCA they paid into th disputed account counts as a payment if they did we are back to a year when its actually just over four:rant:

[Mike1976]

Re: Are welcome aloud to issue a CCJ if they have not Defaulted account

They are a law upon themselves they really are.

[ploddertom]

Re: Are welcome aloud to issue a CCJ if they have not Defaulted account

You should get one of these every 6 months.

On second thoughts it is probably the case that a CCJ negates the need for this.