Old card debt, CCJ gone from credit file, can DCA still collect?

[meemok]

Hi guys, I have a question relating to an old debt belonging to a friend of mine.

 

She had a credit card in the late 90s and didn't keep up her payments. She doesn't remember the full details, but she got default letters and stuff, but she never paid anything.

 

She moved house not long after, but in 2004 she found that she had been taken to court for this card debt, and had a CCJ against her (registered in 2002). All the paperwork e.t.c. would have been sent to her old address as she never notified the card people that she had moved. Also, she has not heard anything from any debt collectors or other people about this debt, despite being on the electoral roll at all her intermediate addresses.

 

My question is, even though the CCJ has now disappeared from her credit files, can a DCA come after her now, and if so, how much law will they have on their side?

 

I know she was very naughty for not paying what she owed, but she has grown up a bit now, and has a job in financial services for a big (internationally well known) company.

 

She is worried that anything like this could affect her job.

[Revenant]

Hi meemok

As far as I'm aware a CCJ doesn't go Stat Barred like a normal debt

I think it can be started again but only by being taken back to Court and then the Court would need to have very good arguments put to it as to why no action was taken for so long

Caggers with more knowledge will more than likely pop in and put as both right if I'm wrong

Good luck

R

[meemok]

Thanks revenant. Her main worry is because there is a disclosure clause in her contract which means she must 'notify her employer immediately, and in explicit detail, of any change to her personal financial circumstances'.

 

(I had to modify the wording of that a little, as there is also a clause which states that employees are not allowed to disclose the existence of the 'disclosure clause', and you never know who might read this!)

 

It has a list of 'changes' including bankruptcy, divorce proceedings, being persued by debt collectors, sizeable gains or losses of personal income to or from any source (it is a very long list), and also says that failure to disclose this info can result in summary termination.

 

From reading through this forum, I didn't think it could be SB as there has already been a CCJ. Her main worry is that if a DCA starts trying to collect, she will have to tell her employers, and there is a real chance that could affect her employment.

 

m

[Revenant]

Bit of a dodgy situation eh meemok

It's something like a DCA's threatogram, lots of . . . ifs could maybe

 

I know it's no real help but all she can really do is sit tight and see what happens

 

R

[dx100uk]

the CCJ would have now expired and they would have a very very big job to convince a judge that it should be re-instated as they've done nowt in the last 6yrs to collect

 

totally forget about it and let the phishers have their play.

 

there is nowt they can do to her..

dx

[FORMISTER]

As Revenant stated a CCJ doesn't become stat barred (unless it was obtained when the debt was stat barred, you can then have it set aside). But a court would want a very good reason why they went six years without collecting/obtaining enforcement of the CCJ, so it is unlikely her CCJ will be reset

[Rayne]

formister can u link where u got the part about a ccj not being sb unless the original debt was sb please? V interested as its something i may be able to use in my own fight. Cheers

[cerberusalert]

A CCJ drops off a credit file after six years and won't be found on http://www.trustonline.org.uk/ either. All court records will be archived.

[FORMISTER]

Not sure where I origionally found the info, I will pm you another link as I am not sure if I am allowed to post it

[Rayne]

brilliant, thanks v much in advance