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So after being out of the country for just over 6 and a half years I am now back in the UK - living with family. I've managed to get a job, pay isn't great but it's something ... we're still living with family - no possessions to speak of except a few boxes of personal items. I bought a second hand car which is in my husband's name .. I love my family but as the saying goes "too many cooks in the kitchen" - but I feel stuck. I'm so worried about the debts that were left behind when I moved abroad. So here's my questions etc:

 

1. A CCJ was taken out against me in 2002 for approx. £4,000 - £5,000. (I paid this until I left the UK). After checking the Trust records it seems that they reissued the CCJ in 2007 (this had increased to £7,000 - as at 2007 - so I'm sure now it must be a lot more with interest

 

2. A CCJ was also taken out in 2004 a few months after I had left the UK) for £2,700.

 

We can't live here with family forever ... I'm just so afraid that if we move into rented accommodation the bailiffs will turn up .. I have visions of everything we own being hauled through the front door ... I had thought that I'd just save every penny to pay these debts off before we moved into our own place but my husband is now putting pressure on me to move and I'm absolutely torn. I just don't know what to do. (the debts are mine - not his).

 

At the moment I'm driving on my USA licence - I have until next May before that ends and I will then have to obtain a copy of my British licence so it's not as if I can "lie low" - and to be honest after just 4 months of "lying low" I'm pretty fed up of it.

 

What do I do?? What would you do?

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1. A CCJ was taken out against me in 2002 for approx. £4,000 - £5,000. (I paid this until I left the UK). After checking the Trust records it seems that they reissued the CCJ in 2007 (this had increased to £7,000 - as at 2007 - so I'm sure now it must be a lot more with interest
When you say they re-issued the CCJ are you sure it's not a second one? the reason I'm asking is because a CCJ is valid ( for want of a better term) for six years... meaning if they don't enforce it with six years they have to reapply to a court for permission to do so & this is very rarely if ever given.
2. A CCJ was also taken out in 2004 a few months after I had left the UK) for £2,700.
A CCJ cannot be obtained against a non-UK resident so you have grounds to have tht set aside which in effect would put everything back to square one in as much as they would have to re-apply for a CCJ... something they would be unable to do because it would now be Statute Barred.
At the moment I'm driving on my USA licence - I have until next May before that ends and I will then have to obtain a copy of my British licence so it's not as if I can "lie low"
They do not have access to the DVLA database so wouldn't know whether you had a UK licence or not.

 

Given the ages of these CCJs and the fact that they do not know your whereabouts it is unlikely that they are even looking for you. One thing that may alert them is if you apply for credit or open a bank account, but again given the time you spent outside of the UK this is unlikely too as creditors only require you to confirm your whereabouts in the past five years. So technically all you have to do is tell them of your US residency... in a nutshell you will start afresh with a new credit file.

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When you say they re-issued the CCJ are you sure it's not a second one? the reason I'm asking is because a CCJ is valid ( for want of a better term) for six years... meaning if they don't enforce it with six years they have to reapply to a court for permission to do so & this is very rarely if ever given.

 

Well I know I had a CCJ in 2002 - so when I checked the Trust Registry I was assuming that this was the same one but thought they must have "reapplied?" in 2007. My thinking was that they did this just before the end of the 6 year time period (if that makes sense). I am to be honest very confused about it - Im thinking it must be the same one as I wasn't even resident in 2007, having left in 2004.

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They can only obtain one CCJ for a debt not two... a second would be seen as a split claim and definitely a no no. The solicitor involved initionals weren't BC by any chance? Not that it matters now because that can be set aside if necessary too because of your non-UK residency.

 

For now though I wouldn't worry because of the reasons I gave in post #2.

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  • 8 months later...

Well things have moved on slightly now since I last posted. We are now moving into rented accommodation - we had to go through an agency. They credit checked me and we were approved. (I'm afraid to be too hopeful in case anything horrible goes wrong).

 

One question though. I now have to renew my driving licence ie new name, new address. Is this going to cause a problem as far as anyone finding out my new details? Does the DVLA sell on details??

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One question though. I now have to renew my driving licence ie new name, new address. Is this going to cause a problem as far as anyone finding out my new details? Does the DVLA sell on details??
No it won't cause any problems.
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  • 4 months later...

Couple of more queries - wasn't sure whether to start another thread but anyway ..

 

I recently applied for a job via an agency by sending them my CV. They phoned me and are submitting my CV to the prospective employer. However, in more likelihood the employer will want to do a background check/credit check. (I had tried to apply via the website for the job but it was asking questions such as "do you have any CCJ's" - I panicked and didnt finish the application. (the position is for a clerical position in the prison service). I'm pretty sure then that if I get as far as an interview they will want prevous names/addresses etc etc. So ... what would you do? take the chance re the credit check or just forget about the job?

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does the CCJ/s ever fall of the Trust Registry?
yes six years from the judgement. If it's not on the Registry trust it won't be anywhere & you won't need to declare it.

 

I wouldn't check your credit file using your old address otherwise it will be linked to your new one. Theoretically when applying for credit etc you are asked for your previous addresses over the past five years so you will be covered by being abroad during that period. ;)

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