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can an acount re-appear if a CCJ is issued?

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as explain in 2012 cabot cant file a default - only update it

but as both the CCJ and the default have reached their 6th birthday they and the whole account on your file vanish never to return.

 

Good Evening, Can i check something with experts on here.

 

I now have a clear Credit Report with lots of nasties now dropped off.

 

Some of my old debts were pre 2007 and are no longer pursued after a CCA request, apart from the odd call and letter telling me i am morally obliged to pay them and i am a bad person etc etc.

 

I have 2 debts from 2008 which were defaulted but have now dropped off. I have the standard re-constituted CCA and have made nominal payments for 10 years.

 

My question is can a defaulted debt re-appear on your credit report if the DCA decides to go for a CCJ for money i still owe? Will the CCJ show on the credit report even though the debt has long since dropped off nearly 2 years ago?

 

Many thanks.

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The CCJ would show but the account entry can't comeback no

 

Who said the recons you have are enforceable??

I can't see a thread of yours to ref too


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The CCJ would show but the account entry can't comeback no

 

Who said the recons you have are enforceable??

I can't see a thread of yours to ref too

 

Hi DX, Thanks for quick reply.

 

There probably isn't a direct thread, i just used all the great advice on here to sort everything out myself.

 

So the CCJ would still show and ruin my decent credit report if they went down this line?

 

I probably just assumed the recons were enforceable as they were after 2008.

 

It is a copy of the agreement with my name and address on plus a copy of the T&C's for the old account.

There was also an accompanying letter saying they have complied with relevant sections of the CCA 1974 etc and the agreement is enforceable and they are able to obtain a CCJ against me etc.

 

I just continued the same nominal payments of a few pounds a month and have heard nothing for a few years until a few recent calls and a letter giving exactly the same recon agreement that they sent out 2 years ago.

 

They are probably just fishing but i wanted to know if the CCJ could come back to haunt me after all this time.

Edited by dx100uk
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Even a reconstituted version of an agreement must have all the prescribed inclusions to make it enforceable...and fit for purpose.Most uploaded here to the forum contain errors and are therefore not enforceable.

 

The important question to consider is if the agreement is post 2007...why are they sending a reconstituted version on a agreement that is less than 10 years old ?

 

Possibly because they dont have the original ?

 

Andy


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Thanks for reply, Andy.

 

I thought that post 2007 they only needed a reconstituted copy?

Edited by dx100uk
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Thanks for reply, Andy.

 

I thought that post 2007 they only needed a reconstituted copy?

 

They do......but it still has to be correct and be an accurate copy of the original agreement at the time of inception with the correct T&Cs....the amount of uploads we see.... some have the posters new address on an agreement taken out 6/7 years ago whilst living at a previous address.


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own thread created.

 

please tell us the full story.

 

dx


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have you any idea what a CCJ actually is?

It is a report that shows you have lost a court claim and then failed to pay the sum ordered in the time allowed.

 

If you were taken to court you have several options,

admit you owe the money and pay up,

deny you owe the money and lose the claim and then pay up

or deny you owe the money and defeat the claim and dont have to pay up.

 

None of these ever appear as a CCJ or even a marker on your credit file.

A DCA cant take you to court because they have no locus standi.

The original creditor can sell the debt on if done properly and then the new creditor can sue you

but DCA's as the name suggests are AGENTS so have no say in any matter at all.

Same as an estate agent, they cant force you to buy or sell a house and cant sue you for not accepting their agency should you decide to sell it.

 

Now, as you have made nominal payments then the debt is undoubtedly still live so the owner of the debt may well have a right to sue but they are unlikely to have the necessary details to make it a certainty should you stop paying.

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Thanks for reply.

 

Just to add more details.

 

I am unfortunately well aware of exactly what a CCJ is and agree with all of your comments above.

 

I am probably being over cautious but just wanted to make sure of a few points which DX answered such as how a CCJ for an old defaulted debt over 6 years old can reappear on a credit report.

 

I take all of your points above on board but in the back of my mind there was that chance the owner of the debt can still go for a CCJ after 10 years. If they then win and i cant afford the full amount, my good record is scuppered for another 6 years!

 

To give you a fuller story. I have 7 of these old debts and still 'owe' approximately £20K. Most of the debts weren't even mine but are in my name so that bit is irrelevant although it makes me feel better that i am no longer paying money i never even had to a toerag DCA who bought the debt for pennies.

 

All but 2 of them were pre 2006 and after CCA requests i was informed that the paperwork wasn't available and collection would no longer be pursued. Although apparently they still 'legally remain' and i get offers of FFS from time to time, last one was 50% a few weeks ago. I obviously ignore these. If they haven't found the signed agreement in 3 years it is unlikely they will find it?

 

The other 2 debts total approx £5K were post 2007 and i have recons for these. I have checked them and all details unfortunately look spot on. I have been paying nominal payments for these for as long as i can remember. I recently received 50% FFS offers on both of these (different DCAs) so i am assuming if they are willing to offer this the likelihood of them being confident of going back to court for the full amount is unlikely.

 

I will continue to ignore the debts with no CCA and tread slightly more carefully with the other 2, again probably being over cautious! With my new clean credit report i am now a house owner with a mortgage so that aspect is also a bit worrying but again they would need to follow the same unlikely process to get any kind of attachment.

 

All of the expert help on here is greatly appreciated. I would still be in a complete mess without it. I don't like the fact i have the outstanding balances but i am now in a much better place. The over cautiousness is probably born out of a desire of wanting to stay there.

Edited by dx100uk
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I am probably being over cautious but just wanted to make sure of a few points which DX answered such as how a CCJ for an old defaulted debt over 6 years old can reappear on a credit report.

 

.

 

just incase its not just your English that's bad...A CCJ can't re-appear, neither can the old debt 'entry' that's already gone because the default reached its 6th birthday..

IF they get a CCJ , the CCJ itself is listed for 6yrs, which refers to the 'debt' but doesn't make the debt re-appear, just shows in the relevant 'judgements' section of the CRF report

 

on these debts you say the recon was enforceable..who said?


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thanks, DX.

 

I know exactly what you mean but unless i am missing something i don't see what difference it makes?

 

OK, you have an old defaulted debt. It drops off after 6 years never to reappear. All understood.

 

But the debt owner goes for a CCJ which shows for a further 6 years in the judgements section of your credit report.

Let's just imagine they win and you can't pay.

Your credit report is then ruined for a further 6 years.

 

The original point of my first post was just to ask the question as i was unsure if after the 6 year period of a defaulted account a CCJ would actually show.

 

I now know the answer, many thanks.

Edited by dx100uk
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