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  • FIRST POST
    • Steviebh
    • By Steviebh 17th May 17, 2:29 PM
    • 8Posts
    • 163Thanks
    Steviebh
    Old CCJ, company changed ownership
    • #1
    • 17th May 17, 2:29 PM
    Old CCJ, company changed ownership 17th May 17 at 2:29 PM
    Hi,

    Was hoping to get some help on what to do here.

    I had a CCJ on file which was put there probably about 7 years ago now but a solicitors firm. I was making regular repayments before i lost my job and things ended up being forgotten about.

    I not so long ago decided enough was enough and to sort my finances out and went to try and and contact the company to arrange repayments again only to notice they have now been taken over by another company.

    I wrote to this new company and never heard anything back ? Should i keep pestering this new company ? I assume they would have taken all the accounts from the old place ?

    I'd just like to add that just today i received a letter from a debt collecting about the debt aswel
    Last edited by Steviebh; 17-05-2017 at 3:28 PM.
Page 1
  • National Debtline
    • #2
    • 17th May 17, 3:32 PM
    • #2
    • 17th May 17, 3:32 PM
    Hi Steviebh

    A CCJ can only stay on your credit reference file for 6 years from the date it was made. After that it must be removed but the debt will still exist. If this CCJ is still showing after 6 years contact the credit reference agencies and ask them to remove it.

    Technically the company could take enforcement action if the debt is not being paid as the court directed. That is most commonly by using bailiffs or taking a deduction from your wage (if you are working) - however, they would need the court’s permission to do so more than 6 years after the judgment was made. If you own a property they can apply for a charging order to secure the debt, regardless of whether the debt is being paid. However given that the debt has been sold on and the company has not responded to your letter you may find further action is not taken.

    You have a choice of whether to be proactive and keep contacting them to set up a payment plan, or let sleeping dogs lie and wait and see if you are contacted. Do you have a rough idea of how much you still owe on the debt? One option would be to start putting money aside so that if you are chased again for the debt you have money available to pay it.

    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • Steviebh
    • By Steviebh 17th May 17, 3:51 PM
    • 8 Posts
    • 163 Thanks
    Steviebh
    • #3
    • 17th May 17, 3:51 PM
    • #3
    • 17th May 17, 3:51 PM
    Hi Steviebh

    A CCJ can only stay on your credit reference file for 6 years from the date it was made. After that it must be removed but the debt will still exist. If this CCJ is still showing after 6 years contact the credit reference agencies and ask them to remove it.

    Technically the company could take enforcement action if the debt is not being paid as the court directed. That is most commonly by using bailiffs or taking a deduction from your wage (if you are working) - however, they would need the court’s permission to do so more than 6 years after the judgment was made. If you own a property they can apply for a charging order to secure the debt, regardless of whether the debt is being paid. However given that the debt has been sold on and the company has not responded to your letter you may find further action is not taken.

    You have a choice of whether to be proactive and keep contacting them to set up a payment plan, or let sleeping dogs lie and wait and see if you are contacted. Do you have a rough idea of how much you still owe on the debt? One option would be to start putting money aside so that if you are chased again for the debt you have money available to pay it.

    Susie
    @natdebtline
    Originally posted by National Debtline
    Many thanks for your response. Just to confirm it is 6 years after you last made contact with them or made a payment or just six years from when it was put on it.

    How would i deal with the debt collector which is now chasing the debt. Do i deal with them ? It mentioned on the letter about the CCJ i have against the debt.
    • sourcrates
    • By sourcrates 17th May 17, 4:05 PM
    • 11,577 Posts
    • 11,151 Thanks
    sourcrates
    • #4
    • 17th May 17, 4:05 PM
    • #4
    • 17th May 17, 4:05 PM
    No, a judgement is on your file for 6 years, if a creditor wants to enforce it after this time, they have to seek the courts permission.

    Usually, six years is concidered long enough to do this.

    I would advise the debt collector of the above, you probebly won't hear from them again.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
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  • National Debtline
    • #5
    • 18th May 17, 12:17 PM
    • #5
    • 18th May 17, 12:17 PM
    Hi Steviebh

    The CCJ will be removed from your credit reference file 6 years after the date the CCJ was made.

    As you are now being contacted by a debt collection agency (DCA) it sounds like they intend to pursue you. If you weren’t to pay the debt it would be down to the DCA to decide whether to pursue action through the county court. A judge would have to decide whether enforcement action after 6 years was reasonable.

    If you want to rule out the possibility of enforcement action you can apply to the county court to set up a payment plan. There is a factsheet that explains how to do that here https://www.nationaldebtline.org/EW/factsheets/Pages/varyingpaymentsonaccj/instalmentsonaccj.aspx.

    Your alternative is to wait and see what the DCA does.

    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
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