*My credit file clear after 6 years ?

[kathleenbilly]

Hello and thanks for looking in,

 

I'm trying to understand my credit file and hope to have it clear possible in a year or two if that can be done. Let me explain.

 

I have various debts with credit cards about (three or four) and one CCJ from Barclays.

 

Now i haven't paid a penny to any of them and do not intend to, they have long given up trying to pursue me for money and i don't seem to even get any letters any more.

 

Now my question is this,

 

I'm working on the basis that after 6 years a company can no longer pursue you for a debt. So what may show on my file for example the CCJ after 6 years whether they got the money or not can no longer pursue me, and the CCJ has to be removed. Can somebody confirm this ? and if so, from what date does the 6 year time limit start from, ie: what date on my file do i need to be looking at ?

 

The same question for the credit cards when i defaulted ?

 

Basically im close to the 6 year time scale after this year on most of them so any advice would be greatly appreciated as to what to do and what to look for on my file which i have.

 

Regards

 

Billy

[sequenci]

I'm working on the basis that after 6 years a company can no longer pursue you for a debt.

 

You could, in essence, be chased for the CCJ for ever although the creditor would need leave of the court to enforce if six years pass. There is plenty of caselaw arguing against the court giving leave, however. The actual CCJ will no longer appear on the credit file after six years, the court is likely to also get rid of it's record of the CCJ too.

 

For simple debts (unsecured loans, credit cards etc) with no CCJ attached, the limitation act provides that the six years would run from when action could first be brought against you, usually the point of default unless there has been a payment or written acknowledgement on your part since.

[kathleenbilly]

You could, in essence, be chased for the CCJ for ever although the creditor would need leave of the court to enforce if six years pass. There is plenty of caselaw arguing against the court giving leave, however.

 

For simple debts with no CCJ attached, the limitation act would run from when action could first be brought against you.

 

 

Firstly thanks for the reply, let me break it down so i understand correctly,

 

After 6 years a CCJ is no longer allowed to be shown on a credit file is this correct if so from which date do you look at. Very rarely would you be chased for a CCJ after the 6 year period as most companies would of written the debt off is this correct ?

 

 

Limitation act action against me etc ?

 

sorry bud this has gone right over my head could you explain in simple terms when the time limit starts and ends on a non-payment of a unsecured credit card default with regard to it being allowed to show on a credit file.

[sequenci]

After 6 years a CCJ is no longer allowed to be shown on a credit file is this correct

yes it will only appear on the file for six years from the date of judgment, it could still exist past the six years though.

 

Very rarely would you be chased for a CCJ after the 6 year period as most companies would of written the debt off is this correct ?

if a creditor wanted to enforce a judgment after the six years they would either need the leave of the court for something like bailiffs or there would be a hearing involved where you could raise the time delay.

[sequenci]

sorry bud this has gone right over my head could you explain in simple terms when the time limit starts and ends on a non-payment of a unsecured credit card default with regard to it being allowed to show on a credit file.

 

the mark on the credit file would show up for six years from the last missed payment/default usually. are your agreements showing up as defaults?

 

apologies for the confusion by the way, i'm at work and trying to do two things at once!

[kathleenbilly]

yes it will only appear on the file for six years from the date of judgment, it could still exist past the six years though.

 

 

if a creditor wanted to enforce a judgment after the six years they would either need the leave of the court for something like bailiffs or there would be a hearing involved where you could raise the time delay.

 

 

OK now i'm getting somewhere so after 6 years it is removed automatically from the file by equafax from date of judgement from the court, or do you need to chase them up to remove it, i will see the date on my file so thanks for that info.

 

Now on credit cards this is the bit i need to fully understand what date do i need to be looking for these to be removed for non-payment ? Does it also start from the original default date ( basically when i stopped paying ) on these i notice they still update the information with the D sign on the file. Basically when and how long is it before these will drop off a file or be legally allowed to show.

 

I understand yes they all can on paper still chase you for this money but mostly they accept if the money has not been recovered within 6 years then they will not normally bother there after, and as i said will have written it off a long time ago.

 

For example my original debt was sold to a collection agency for maybe a few hundred pounds who may of stood the best chance of receiving money from me as the debt was fresh. However after 6 years of no luck recovering money what agency would then buy that debt in all honesty to also try to get money. Not many and that's why it does not happen hense the 6 years window period in this time a debt can be sold many times each time the value will reduce as the 6 year period approaches.

[kathleenbilly]

the mark on the credit file would show up for six years from the last missed payment/default usually. are your agreements showing up as defaults?

 

 

OK so the same applies yes they seem to be updating the information with the D (default) mountly but not on all of them i only have 4 credit cards non-payed the other do not seemed to be getting updated.

 

So again just to confirm i need to look at the last missed payment/default date it confuses me as there is a start date and an end date so take no notice of those dates only look at the missed payment/default date ?

 

So when i see this date (default date) i can add on 6 years then if your correct these should also drop off the file is this what your saying ?

[tomterm8]

post removed. I do not help thiefs. I do not condone their actions.

[sequenci]

i thought that judgement creditors can apply for a unsatisified CCJ to be reregistered (although, not many do), so potentially, a CCJ could be on your credit record for longer than 6 years.

 

I didn't know that! Is that true?

[Oh Boy!]

Your constant LOL's are meant to mean what?

 

This blanket answer i gave is not specific to you, try and scare you into what, paying, something you obviously decided not to do, thats your choice. The capitals is to warn any person that is thinking of avoiding debt deliberately.

 

Of course it seems quite clear to me that you have not heard of the National Fraud Initiative, and i'm not going to go into detail about it here.

 

Why you would want to compare the advice/comments on here to DCA's is beyond me, but then again its a moral's issue.

 

My instinct tells me that you deliberatly screwed the banks. Good!

 

Try not to compare honest comments to DCA's.

 

Enjoy your stolen cash.

[kathleenbilly]

Your constant LOL's are meant to mean what?

 

This blanket answer i gave is not specific to you, try and scare you into what, paying, something you obviously decided not to do, thats your choice. The capitals is to warn any person that is thinking of avoiding debt deliberately.

 

Of course it seems quite clear to me that you have not heard of the National Fraud Initiative, and i'm not going to go into detail about it here.

 

Why you would want to compare the advice/comments on here to DCA's is beyond me, but then again its a moral's issue.

 

My instinct tells me that you deliberatly screwed the banks. Good!

 

Try not to compare honest comments to DCA's.

 

Enjoy your stolen cash.

 

 

Fair comment.

[kathleenbilly]

i thought that judgement creditors can apply for a unsatisified CCJ to be reregistered (although, not many do), so potentially, a CCJ could be on your credit record for longer than 6 years.

 

The reason not many do, is the debt has been sold off as i said ealier so the original creditor has long moved on from the original debt and even probably claimed the money back via there own insurance.

[kathleenbilly]

Thanks for the information i'm looking forward to building back my credit from next year.

 

I took various credit cards and Barclays Bank for a total of 65,000

 

I paid not a penny back. Only Barclays tried attachment of earnings so i completed the form sent by the court and then left that job.

 

Because i do not own property in this country the whole process was easier for me to not pay.

 

I now have a cash account with Alliance @ Leicester which works exactly like a bank account with direct debits but you don't need a credit check to get it.

 

I also have a credit card with Virgin Mastercard which works like any other credit card but you top it up as you go.

 

My credit will be clear next year as far as my file is concerned.

 

Looking back its been an inconvenience but maybe i should of taken them for more. 8)

 

I don't condone taking money and not paying it back this is just my story but trust me they can afford it

[cerberusalert]

AFAIK a CCJ never becomes 'Statute Barred' & although they do have to apply to the court to enforce it after 6 years, there is nothing stopping them marking it on your credit file for-ever!

[Rooster-UK]

As we are not willing to assist you in committing fraud I am closing this thread.

[missmoneypenny1]

I think if your honest with yourself then you will be always looking over your shoulder, you may not show this front to other people but there will always be that fear.

 

I am not trying to scare you into anything, quite frankly I couldnt care less if you pay this debt or not !! it doesnt affect me, only you!

 

But I do think you need to be aware of possible consequences, as you quite rightly say, this may not be the case, BUT it may be the case.

 

Do you honestly believe the creditors will just forget about it? I dont think so.

 

Good luck:)

[kathleenbilly]

AFAIK a CCJ never becomes 'Statute Barred' & although they do have to apply to the court to enforce it after 6 years, there is nothing stopping them marking it on your credit file for-ever!

 

Really for ever! wow seriously i am so worried you have said that! my god i will never get credit ever my life is ruined!

 

Where did you learn words like Statute Barred ?

 

You made me laugh just like the letters i used to receive from debt collection agencies about what they were going to do to me Bah Bah Bah.

 

I've still got the 60 grand pal.

[powelll]

Thanks for the information i'm looking forward to building back my credit from next year.

 

I took various credit cards and Barclays Bank for a total of 65,000

 

I paid not a penny back. Only Barclays tried attachment of earnings so i completed the form sent by the court and then left that job.

 

Because i do not own property in this country the whole process was easier for me to not pay.

 

So you are admitting you borrowed the money and have no intention of paying it back? Nice...

[kathleenbilly]

My story is an interesting one I had a good job a nice house with a mortgage just like you.

 

Everybody wanted to lend to me, cards banks all of them, you can imagine, all my best friends it seemed especially when i had a house to lose.

 

After two years i had used and spend all money lent to me and found i was unable to pay back what i had borrowed. It was a crap time when this reality became my life.

 

I was angry stupid enough to put myself in this situation and equally angry the money was offered up so easily.

 

So i the turned the negative into a positive, sold my house brought property abroad, run up 60 grand further of debt banked abroad and rented a property and payed back nothing given my borrowing was all unsercured there was nothing any of them could do.

 

The rest is history next year my file is clear as a result I'm very comfortable so thanks Barclays, MBNA, Capital One and all the others to whom i owe my thanks for the easiest money i will ever get.

 

Never was i going to let these corporations who don't give a toss ruin my life,

 

Life's too short for that it's all just a system so play it as you will.

[Rooster-UK]

If anyone "doesn't give a toss", it appears to be YOU.

You have deliberately run up debt, knowing full well that you had no intention of paying it back.

And you are asking us to assist you in this exercise?

Please take note that the CAG has never and will never condone debt avoidance.

 

But there is one thing that you can be sure of, one day it will catch up with you.

 

This thread is directly opposed to the values that the CAG stand for.

 

Rooster UK.

[diskmandave]

So i the turned the negative into a positive, sold my house brought property abroad, run up 60 grand further of debt banked abroad and rented a property and payed back nothing given my borrowing was all unsercured there was nothing any of them could do.

Just to clarify, this is fraud persuant to Sections 2 and 3 of the Fraud Act 2006.

http://www.opsi.gov.uk/ACTS/acts2006/pdf/ukpga_20060035_en.pdf

2 Fraud by false representation

(1) A person is in breach of this section if he—

(a) dishonestly makes a false representation, and

(b) intends, by making the representation—

B

2 Fraud Act 2006 (c. 35)

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

(2) A representation is false if—

(a) it is untrue or misleading, and

(b) the person making it knows that it is, or might be, untrue or misleading.

(3) “Representation” means any representation as to fact or law, including a representation as to the state of mind of—

(a) the person making the representation, or

(b) any other person.

(4) A representation may be express or implied.

(5) For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

3 Fraud by failing to disclose information

A person is in breach of this section if he—

(a) dishonestly fails to disclose to another person information which he is

under a legal duty to disclose, and

(b) intends, by failing to disclose the information—

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

And... An act of fraud cannot become Statute barred persay the limitation Act 1980.

[tomterm8]

For further clarification, even apart from the Fraud Act, this does fall into the category of Common Law fraud, and the courts will give you no support or aid whatsoever.

 

You are, in my view, a common criminal, and I hope you get no help on this site.

[pt2537]

Just to add to what you said dave.....

 

 

and MOST IMPORTANTLY Fraud is a criminal offence

[diskmandave]

Further info;

Fraud Act 2006 - WikiCrimeLine

[pt2537]

hmmm not sure i would give too much weight to a wiki entry on what the law is dave:D