CCJ Expiry

[davidx1]

Hi

 

This is my first post but I hope somebody can give me some advice.

 

When I was 21 (im 32 now) my dad made me sign a car loan with the black horse. At the time I was young and didn't really understand what I was doing. Thinking back I had no income at the time so I’m amazed I got the loan in the first place.

 

A few years later I got a letter from a debt collection agency explaining that I owed £20,000 plus and that various things would happen if I did not pay.

 

My dad took charge of this and told me he paid it but again he didn’t and the debt stood. My record had showed a CCJ for this debt which expired and been replaced with a default instead. I never received or attend any invitation to court. The first I heard was when I saw my credit report.

 

I have 2 questions

1. Am I right in thinking they can’t add a default as the CCJ has expired the debt in statutory barred.

2. Am I still liable for the debt and can they still chase me for the money even though the 6 years are up.

 

I know this is a bit long winded but would really appreciate some advice on how to deal with this. My own finances a flawless and I want to buy a house.

 

Thanks.

[kurvaface]

Find out about having the judgement set aside if you were not aware of it.

 

I have seen discussion about ccjs older than six years and enforcement. I think the general view is a judge would want to know why they are only just getting around to collecting...

[kurvaface]

Welcome to CAG btw

[cerberusalert]

1. Am I right in thinking they can’t add a default as the CCJ has expired the debt in statutory barred.

 

A CCJ never becomes Statute Barred but if they haven't enforced it within six years they would need to apply to a court for permission to do so. All reference would have dropped of the Trust site records and your credit file & in order to apply to the court the creditor would need to produce the court reference number. It would be unlikely that a court would grant permission & if you never received the original court documents you could apply to have it set-aside in any case.

[cerberusalert]

Who has registered the default, was it the original creditor or a debt collection company?

 

If the latter they are probably unaware of the CCJ in any case.

[kurvaface]

In which case the statute barred approach should be sufficient?

[davidx1]

Thanks so much for all your replies.

 

It was the debt collection agency who registered the default. Can it be moved now the CCJ has expired?

 

WHat is the best course of action for me now. Contact Black horse and try to get a settlement figure or just try to get rid of the default and carry on as normal.

[cerberusalert]

By the look of things the debt has been sold to the DCA given its age & they are unaware that there is a ccj, if that is the case you can either contact them (the DCA) or wait for them to contact you and tell them to remove the default as the alleged debt is statute barred, the onus would then be on them to prove that it wasn't.

 

Even if they know there is a CCJ they would still need to produce the court reference number otherwise they will not be able to make a court application for enforcement. All the CCJ records will have been put into archives & they cannot be retrieved without the court number.

 

You could also contact the credit reference agencies and dispute the default as it is statute barred, there is no need to mention to anyone that you are aware of the CCJ at this stage.

[simonjohn]

I would be hard pressed to find a cc judge who would allow a creditor to attempt to enforce a judgement after the expeiry of such a legnth of time.

 

And if a creditor tried it on any Defence for yourself would be section 24 of the limitations Act 1980....

 

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

 

For this reason alone, cc jugdes would not normally allow enforcement.

[simonjohn]

If you or your representit ve , ie your father have not entered into any payment plan, or negotiated, or acknowleged any debt to the creditor or made any form of payment, even token payment of £1 within the last six years Then you can consider it has satutary barred.

 

If the creditor has re entered a default notice against yourself they need to prove that you have acknowleged the alleged debt. If they can not then they leave themselves open for an action of Defamation, even if they remove it at a later date, ( the damage may have been already done) at a cost to yourself).

 

You need to contact them and re-iterate this to them.

[dx100uk]

something strange here

 

a default will not hold the debt on the CRA file

why has it not gone from the file

as the ccj has?

 

when was YOUR last payment?

 

 

dx

[davidx1]

Hi

 

Thank you to for the warm welcome to CAG.

 

The last payment on the account was in 2003.

The CCJ was dated 2005 and was removed earlier this year.

What is left now is a default for the same debt. The default date is on my CRA file is 6/12/2009.

 

I was unaware of any of this until 2006, after the CCJ was put on my file. I didn't receive any warning that it was going to happen or any invitation to attend court.

 

The only contact I have had was from AIC a couple of years back but I reported them to the FO because the behaviour was a disgrace. After that I didn't hear anything.

 

Is it possible that I could get this removed from my file. What would you advise I do regarding the debt itself. Try to settle it or is it not enforceable any more.

 

Thanks again.

[dx100uk]

it should not be showing if your last payment was 2003 and the ccj has fallen off

you need to email or write to the CRA

and question WHY it is still showing.

 

their letters, WHATEVER THEY ARE, cannot hold the debt on the file.

 

dx

[Gaston Grimsdyke]

I would be hard pressed to find a cc judge who would allow a creditor to attempt to enforce a judgement after the expeiry of such a legnth of time.

 

And if a creditor tried it on any Defence for yourself would be section 24 of the limitations Act 1980....

 

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

 

For this reason alone, cc jugdes would not normally allow enforcement.

 

They don't need the permission of the court except if they want to issue a warrant (Order 26 Rule 5 County Court Rules 1981). If they want to do an attachment of earnings or charging order, they can just crack on no matter how old the judgment is. It is not an action on the judgment, so the Limitation Act does not apply.