Potential debt from 2003

[BeardyMac]

Hi all, Hi [MENTION=49370]Kati[/MENTION],

I have a few questions about a potential debt situation I was hoping I could get some advice on.

I have just successfully taken out a mortgage with a new lender this month (Santander), and they queried a previous address.
I subsequently mulled it over, and think there could potentially be outstanding debts against my at that address, from 2003 with Abbey National. At one point I had debts of c£8-10k from a loan, overdraft and credit and store cards. I'm now not sure I paid all of my debts, and fear I could have outstanding debts or CCJ's.

My life became a mess at that time, I got myself into financial difficulties, took out a loan to cover credit cards and my depts just spiralled out of control. I started to get into arrears and started to make payment plans to clear arears with various creditors.
I became very stressed and couldn't see any way out of the mess I had created.
Eventually I quit my job, moved in with a friend for a month, and sold everything I had to in order pay off my debts, and went to live abroad for a year.

I returned a year later and started again, with a new bank account. I learnt my lesson and since then have not got into any difficulties with debt. My credit rating has been excellent. No CCJ's or defaults listed on my report. We took out a mortgage 3 years ago with Barclays, all ok.
Yes I do realise I have been negligent and should have contacted all previous creditors to ensure all paid and they had my new address.


My questions now relate to:

1. If I have debts, then some could be with my current mortgage lender! Could this put my mortgage potentially at risk? Could the lender cancel my mortgage due to old debts or CCJ's not known at time of issuing my mortgage??

2. If no CCJ has been issued - and I receive a demand from creditors or DCA - statue bar defence: if I moved house and then abroad for 1 year, and had been negligent to update all my creditors with my new address on my return, can I still use the 6 year statue bar defence? Would this be successful even if I couldn't prove I had updated all creditors with my new address? (Perhaps it would not be smart to challenge a debt with my current mortgage lender!!)

If CCJ issued legitimately within the 6 year period of default (so up to Nov 2009) - I guess I have three options:

3. If a CCJ has been issued - what is situation with the 6 year limitation on enforcing a CCJ? 6 years from Nov 2009 takes us to Nov 2015, and I have not had any contact from creditors or DCA.
However could I make this defence, even if the creditor or DCA didn't have my new address?

4. If a CCJ had been issued - I could request for a CCJ to be set aside, on basis I never received the court papers for CCJ?
Perhaps unlikely if I cannot provide any evidence I supplied my new address.
If set aside, what would happen next, can a creditor then reapply for a CCJ for a debt from 2003, or does the 6 year statue bar limitation still apply in this scenario?

5. If a CCJ had been issued - I could make an offer of payment, possibly a lump sum plus instalments. Assuming over 6 years since CCJ issued (by Nov 2009), it should have dropped off by Nov 2015, so any payments I make will never show on my credit report?

Any advice gratefully received!

Many thanks.
BM.

[Kati]

Re: Potential debt from 2003

tagging [MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] [MENTION=87380]Diana M[/MENTION] [MENTION=48934]Debt Camel[/MENTION]
[MENTION=108660]BeardyMac[/MENTION] ... have you looked at your credit report recently (Noddle is free to use)??

Personally, I'd say that if you've been accepted for a mortgage then all your old debts will have dropped off your credit file (they drop off 6yrs after they've been added). Any debt would be SB'd after 6yrs of no payment/acknowledgement too (so chances are most of yours will be) ~ that means that the creditor can't take you to court (you may be asked to prove SB tho')

As you've already been accepted for the mortgage, I cannot see the lender changing that now (they should have checked prior to accepting you if there were any issues), but the people I've tagged will know more xx

[BeardyMac]

Re: Potential debt from 2003

Thanks [MENTION=49370]Kati[/MENTION] ! :-)

My credit report on Experian was all ok a month or two ago, will check again!

Any other thoughts or comments from anyone else also welcome!

Thanks
BM.

[warwick65]

Re: Potential debt from 2003

Hi

Lets just look at this logically

Any defaults that have been entered vanish off your credit report after 6 years never to reappear so a lender looking at it would never know.

If a CCJ is awarded , that too falls off the file after 6 years so worse case scenario would be that a ccj was awarded just as limitations came about so 2010 or so , therefore it would be off your file . There is of course a possibility that a creditor got a CCJ on a SB debt by default so it might be worth doing a search with trust online

If a CCJ was granted and has not been enforced within 6 years, they need the permission of the court to do so and I am told it is rarely given

If no ccj has been issued then a SB defence can be entered- the only possible problems wold be if for some reason they did not default you for several years ( an example may be if you were within your OD limit and the charges just kept accruing over time until they decided to default or if the loan was not 'called in' until the end of the term - both these examples are I think very much glass half empty )

I hope that is of some comfort
[MENTION=49370]Kati[/MENTION] I won't take it personally :-)

[BeardyMac]

Re: Potential debt from 2003

Many thanks [MENTION=98117]warwick65[/MENTION] !

One concern I have is one debt could be with my current mortgage lender!
I assume they keep internal records going that far back, perhaps indefinitely, and so may find a debt on their internal records?
They may request payment, even if SB?
Guess I'll consider my options, if that happens.

And what is situation re change of address?
I don't have any paperwork of anything from that far back!

Many thanks.
BM.

[warwick65]

Re: Potential debt from 2003

Hi again

To be honest I don't know of any onus on you to keep your creditors informed. have you actually got the mortgage?

The problem with SB in E+W is that the debt still exists but I am not sure how they could legally collect if you were making payments just to the mortgage - even better if it comes from a different named account or a joint account.

[MENTION=87380]Diana M[/MENTION] or [MENTION=6]Amethyst[/MENTION] may be able to give more detailed advice

[charitynjw]

Re: Potential debt from 2003

And what would be the onus on me to evidence I kept any creditors informed of any change of address?

Many if not all agreements have a built-in clause.
Eg....Capital1 credit card
http://www.capitalone.co.uk/creditca...redit-card.jsf

You must tell us immediately if you change your name, address, phone number (mobile or land) or email address, or if any additional cardholder changes their name. We may need written confirmation or evidence of any change of details.

[BeardyMac]

Re: Potential debt from 2003

Thanks [MENTION=98117]warwick65[/MENTION] [MENTION=5553]charitynjw[/MENTION]

I do have the mortgage. First payment next month.
Will keep my fingers crossed and see if I get any demands!

Thanks!
BM.

[nemesis45]

Re: Potential debt from 2003

Thanks @Kati ! :-)

My credit report on Experian was all ok a month or two ago, will check again!

Any other thoughts or comments from anyone else also welcome!

Thanks
BM.

Have you kept creditors/ credit reference agencies up to date on changes of address?
It would I think be worth checking The Registry Trust ( trust online) for any CCJ's registered at your previous address (s). There is a small charge for each address searched.

nem