Just found out i have a CCJ after 5 years!

cindercat26

Hiya, hope someone can help.

Last week i applied for a small loan and they have turned me down as i have a CCJ. This was news to me, i had no idea what it was for. I did have about 2k of debt years ago, but worked very hard to clear it and have avoided credit ever since. I was nervous about getting this loan, but the bathroom desperatley needs re-tiling.
Anyway, i phoned the court and the CCJ is for the Carphone Warehouse from 2007.
This is where it gets complicated!

I had a contract phone, which i cancelled when the contract came to an end. I cancelled the DD at the bank, but the payment still came out. I cancelled the DD again. I ended up having to cancel it 5 times (5 month's worth) During this time i was told i could claim the payments back under the DD guarantee, which i tried, cue a huge arguement with the bank manager, who basically accused me of lying! So i went to the complaints dept. lovely bloke who sent me a cheque for the whole amount : )
That was the end of it, so i thought.
But now ive been told i have a CCJ with them, for around £230. In hindsight i should have made sure it was cancelled, but id had issues with the bank before, so figured it was them messing up.
What can i do now? I have a number of a solicitors who are dealing with it, but i do not want to phone until ive got some advice. I do not have any paperwork regarding the phone, i moved house in 2009, i don't remember getting any letters regarding this bill previous to moving. Do i have to pay it?
Any advice would be great, thank you

Horseunderwater

When you cancelled the DD with bank - how did you do it? Just ringing them on a phone is no good. You actually needed to do it in writing to both the Car phone warehouse and the bank at same time. I bank on line, so I remove mine that way and then write to the payee to let them know, usually via email or by snail mail. And you should always keep financial records for a min 6 years safe just in case this type of thing happens. Easy way is to have a plastic wallet with the year on it and everything kept in there. That way you know where it all is. I also recall that CFW are notorius for this typr of thing. So am not too suprised that this has happened.

cindercat26

Hi, thanks for replying. I actually went into the bank and cancelled it over the counter 5 times.
You sound like my husband, hes taken over all my paperwork now, so everythings saved! : )

fermi

The question really is, was CW entitled to the extra payments under the contract? And so is the debt one you are liable to pay, or a mess up on CWs part?

With no paperwork that might be hard to prove now.

If you dispute that this debt is legitimate, then you could see if you can have the CCJ set aside.

See: How to set aside a judgment in the county court

If successful that would return it to the "claim" stage, where if they wanted to go ahead again you would challenge them for prove of the legitimacy of the debt.

cindercat26

Yeah, ive already looked into that. Its £80 (which is a lot to me) and its not guaranteed. Im worried that with no paperwork to back me up, il just be making it a larger amount to pay in end.

Arrggh, im cursing my old self for never saving stuff!!

Would it be worth phoning, explaining the above, and saying im willing to to apply to have it put aside by the court? Im sure that 'technically' i have a good case, they then might think its more hassle than its worth and offer a settlement figure?

Also, ive read that itl expire after next year anyway (6 years). So is it better for my credit file to try and pay a bit, or wait it out and let it end itself?

sugarplum10

Next year the debt will simply become statute barred meaning they can no longer use legal means to 'make' you pay the debt, you will still owe themoney and it will still be on your crediyt file for other lenders to see for an additional 5 years.

fermi

sugarplum10 wrote: »

Next year the debt will simply become statute barred meaning they can no longer use legal means to 'make' you pay the debt, you will still owe themoney and it will still be on your crediyt file for other lenders to see for an additional 5 years.

Sorry, but not true.

As there is a CCJ it will not become statute barred. Enforcement may however need permission from the court 6 years after the CCJ.

The CCJ will come off the credit reports 6 years after the judgment date. So in 2013, not 5 years hence.

p00hsticks

cindercat26 wrote: »

Hi, thanks for replying. I actually went into the bank and cancelled it over the counter 5 times.

More importantly, how did you cancel the contract with Carphone Warehouse ?

I think that's the part that's relevant, as that is presumably how the "debt" has arisen (or not) - any problems with the DD is just a red herring, as cancelling it (with the bank, with Carphone warehouse or both) doesn't mean that the contract itself is cancelled, just that you don't wish to pay via this method any more.

DCFC79

p00hsticks wrote: »

More importantly, how did you cancel the contract with Carphone Warehouse ?

I think that's the part that's relevant, as that is presumably how the "debt" has arisen (or not) - any problems with the DD is just a red herring, as cancelling it (with the bank, with Carphone warehouse or both) doesn't mean that the contract itself is cancelled, just that you don't wish to pay via this method any more.

Yes i was just thinking had the OP cancelled the contract with CPW.

chanz4

I dont think she did, by reading her response she just stopped the dd.

sugarplum10

If you read the origional post she states that she cancelled the contract when it came to the end.
So as my pp was wrong am i right in thinking that a CCJ can never become statute barred??
I thought all debt became statute barred after 5 years or is that 6??
grrr justr when i though i knew what i was talking about it turns out that i infact dont!??