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Debts no longer on Credit File scotland - can they re-appear?


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Hi All,

 

After many years of stressful negotiations, hard work and lots of help from people on here - I have had a clean Credit File for the past two years. All of my old Debts are off and I have been able to move on with my life credit wise(ly). :)

 

There are a couple of accounts still active on which I am just paying a token amount of £1 on. I wont go into the details, but basically I'm going to stop paying the token amount - my total Debts add up to about £7k over 5 or six accounts and the amounts vary from £200 to £2k.

 

Basically, I'm just going to stop paying them. They have been getting paid for around 10 years and really, I want to put it all behind me for good and move on.

 

My worry is, if I stop paying them - although they are off my Credit Account, can they reappear in the form of a CCJ etc if the DCA brings action against me?

 

I'm not asking for a morally opinionated answer, but rather a can they come back to haunt me ?

 

Thanks in advance!. Scotty

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And now for my longer answer - They cant, but a DCA may try its luck by changing the default date etc

This is wrong and shouldn't happen. It happened to me with Lowell..

 

Yes a CCJ could appear but you wouldn't let that happen now would you? :)

You need to defend if it comes to it.

 

Finally tell us more about said debts... I think we could be off some help :)

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**Fko-Filee**

Receptaculum Ignis

 

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Perfect answer - yes it would be aggressively defended. I have had all that nonsense thrown at me before in the past. Fear tactics, doesn't phase me. As long as they can't "legally" enforce it.

 

I did call and settle a few at 50% of the value, but now, I just want to move on.

 

Debts are 2x old mobile contracts from about 8/9 years ago, less than half the value left, banks loans and overdrafts and an old credit card, again all under 50% of original value. I think I've done my time :) All are with DCA's.

 

Provident were crackers - kept registering late payments for 4 years when it should have been defaulted. Went through the whole process with them and they refused to mark as defaulted. FOS upheld my complaint, got them to remove it, write off the value and pay me compo haha!. Only time the FOS have found in my favour right enough. Another two went all the way up to a court date before the DCA's/Solicitors gave up. Its ridiculous the tactics they pull.

 

Thanks for the info :)

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Thats fine - If they do court this time time - Rules changed on 1st October - So potentially less likely to go for it! (Maybe...)

 

Tell us who the debts are from, who they are with etc

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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haha, yes I know, can't explain it myself.

I think I had one account with £1.12 in it.

The rest were frozen. They must not have offset it.

 

British Gas had the cheek once to send me a cheque for 2p! Lol, that is a story and a half and two years of absolute hell.

 

They sent an Engineer to disconnect my supply and I invited him in and explained to him the hassle I had with them. (My wife was seriously ill).

He said, son, i'm on your side, i wish you all the best and walked out LOL!

It;s all funny looking back, but at the time, was one bloody stressful time of my life.

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They can’t reappear as the original debt.

They could reappear as a CCJ ; and since you were making ‘token payments’ they won’t be statute barred.

 

They’d have to be:

a) enforceable

b) successfully taken to Court for a CCJ,

first though.

 

Any that you think they likely would get a CCJ on that they serve a claim form on : consider agreeing a Tomlin Order instead?

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Thanks Bazza

 

I will just see how it goes and if it comes to the worst, make a settlement offer. I should be able to do that if they come a calling.

 

Also, I find when you dig your heels in, they tend to just fling it around like a used toy to other DCA's for whatever pence in the pound - so any offer to get it off their books should be welcomed - I would hope.

 

Will need to look into this Tomlin......

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moved to the dealing with debt in Scotland forum.

 

 

just ignore them

stop panicking...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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