General Debt Question

[seklof]

o mighty forum

 

statute barred?

 

if i do not acknowledge a debt for 6 years it becomes statute barred whether or not i have a ccj?

does the debt start again at the date of the ccj

 

 

is my credit file cleared after 6 years

 

thanks to the ether

[dx100uk]

if a CCJ is issued within the 6yrs, the clock stops,

if the CCJ is not enforced or ack'ed , then after 6yrs from the CCJ, they must go back to court to enforce it [very rare]

 

if there has been a period of 6yrs without ack/payment or a CCJ, then NOTHING can unbar the debt.

 

dx

[seklof]

thanks for defining that for me dx

 

so basically its 12 years they can chase but if you dont acknowledge its statute barred after that?

[cerberusalert]

No, a debt becomes Statute Barred after six years (five in Scotland) if no payment or written acknowledgement is made and will drop off your credit file after six years. However, for example, if the creditor has registered a default on your credit file and say it's been on there for five years & then they obtain a CCJ then the clock is reset. A CCJ never becomes Statute Barred but it will drop off your credit file after a further six years. If they haven't enforced it within six years they would need to apply to the court to do so.

[seklof]

so

even if they enforce it at that point ( 5 years ) if i do not acknowledge it for a further 6 years it will drop off my credit file

i realise now that they can wait until the 5th year and then reset the clock by ccj ???

[dx100uk]

yes in theory yes

 

any LEGAL action CCJ/SD/AEO will stop the clock.

 

however, it is very rare for creditors to leave things for that long before doing anything.

 

it would really help if we knew the background to you q's

 

have you a thread on this debt already?

 

dx

[cerberusalert]

even if they enforce it at that point ( 5 years ) if i do not acknowledge it for a further 6 years it will drop off my credit file

The only way they can enforce it is by obtaining a CCJ. If they don't you only have to ignore them for a further year and it becomes Statute Barred. As for dropping off your credit file it does that after six years in any case.

 

If they obtain a CCJ the clock will start from day one again as in effect the agreement has been rewritten by the court so you would have to wait a further six years for it to drop off.

[seklof]

i have few threads going on different problems - main problem is debt some pg s some not

im unemployed presently but will eventually im sure find work however things have gone quiet on the letter cycle front and managed to bat most of em back so far

im pretty buggered i reckon but have no dependants so wonder whether doing a dissappearing act for a long time might be the answer

 

???

otherwise ill just deal with each ball as it is bowled i suppose

[maroondevo52]

I'd stay put, seklof.

 

Try gets things sorted the best way you can.

[dx100uk]

yea agreed

so how old are these debts

and how big

its prob not as bad as it looks.

 

dx