Debt with CCJ's In the UK - Please Help - Thank you!

[ibook]

Hello,

 

I have been outside the UK since early 2003. I have been in Latin America. However had several outstanding balances that I couldn't afford to pay and left it as that. I know since my departure there has been several times that Bailiffs did send letters to my mother's address in the UK, but she basically returned their mail.

 

I know I have 2 CCJ's before I left the UK, and I am certain I may have some more right now, looking at all the other responses I would like to understand what can the DCA's do in this regard. I read something about 6 years or more, but can someone clarify this that a debt cannot be enforced as such after those years have passed. Also that I have never been in communications with any of the companies that I was in debt with since 2003.

 

I am more than scared of returning back to the UK, as perhaps I may be arrested on the spot at the time of entry due to the CCJ.

I just wish to visit my family there.

 

Can anyone help...Thank you so much!

[theoldgit]

You certainly will not be arrested on the spot as debt, including CCJ's, is a civil matter and not a criminal one, certainly you will not be on the UKBA database, so you will not be stopped at the port of entry.

 

I am not an expert on these matters but as I undertsand a CCJ cannot be obtained against a non UK resident, if one is, possibly by using an old address and getting judgement by default, you can apply to have the judgement set aside. You can check if you have a CCJ here, http://www.trustonline.org.uk/ there is a fee.

 

If you had a CCJ before you left the UK it will not go away but it cannot be enforced after six years without leave of the court. I undertstand that leave is not often granted but sometimes it is, being out of the country might be considered grounds, but I'm not sure.

 

Rest asuured that they will find if you live in the UK, but you certanly will not be arrested.

[MARTIN3030]

Agree with above.

Some debts can still be chased after 6 years such as Council tax arrears,HMRC and some others like Social fund loans,but if the debts you had relate to things like loans,credit cards etc,then they should be statute barred.

Thats not to say that the DCAs wont try to collect-they probably will !!

[ibook]

Thank so much for your replies. It's not to do with any debt like council tax or monies taken from loans as such. It's just credit cards and unsecured loan. Does that mean when I do travel I shouldn't open any bank account as such and stay clear from any of the financial offerings. As I only wish to visit but would like to slowly move there if it does allow me too.

 

When you say non resident - I hold a British Passport would that still apply at that time as I wasn't in the UK if they did use my previous address to get a CCJ?

 

Thanks so much for your help.

[cerberusalert]

Does that mean when I do travel I shouldn't open any bank account as such and stay clear from any of the financial offerings.

Usually when you open an a/c with a bank etc they check your history over the previous five years, your history is that you lived abroad for 8 years. As long as they cannot link you to a previous UK address you should be OK.

[cerberusalert]

As for any CCJs, any that are six years old automatically drop from the data bases. Any enforcement action would require the permission of a court... which is rarely if ever given, besides they would still have to provide case reference numbers before they could try to pursue.

[ibook]

Thanks so much for your reply. I think it would be best to keep myself with a low profile. I have a bank account in the USA, which I can use over there so I hope this shouldn't cause any problem. Of Course as far as the address they have my family home address, as my mother sometimes does receive letters which she sends back. But I am just scared of visiting my family just in cased they stopped me at the airport due to the debt. But I gather from the above and this wouldn't happen as it's a civil matter.

 

Is it true that If I ddin't acknowledge the debt since 2003 it would be wiped after 6 years, or would they still be able to pursue this matter through courts. Thanks

[cerberusalert]

Is it true that If I ddin't acknowledge the debt since 2003 it would be wiped after 6 years

If they haven't taken legal action within the six years and provided you have not made a payment or written acknowledgement then they cannot take any legal action. Once a debt becomes Statute Barred it remains so and nothing can un-bar it.

[cerberusalert]

Just as an addendum, if you had lived Scotland when these a/cs were opened the Statute Barred period is five years

[ibook]

Thank you so much for your help. Your answers are quick and am relieved by what I hear. I will certainly help your website.