default, potential ccj, need advice.

cwebb4

hello everyone, was hoping i could get some advice on my situation.


i had a natwest account that defaulted in august 2006 for £1500, so in 6 months that will be 6 years and will become 'SB'. I know i will still owe the debt but then drops of my credit file as i understand it. It is also my understanding that they can apply for a ccj anytime untill it becomes 'SB'. now i hadnt heard from them for years untill a month or so back i started getting the daily calls and voicemails, plus a letter that was forwarded to me from a previous address.

two questions....

what should i do? is it worth the risk of waiting untill august when they could apply for a ccj anytime up untill august and that would become another 6 years of damaged credit file?

if i agree to start repaying it now will the default still drop off my file in august?


thanks very much for any advice in advance.....

fermi

Who is the letter from?

A CCJ is unlikely, but certainly not impossible. And if they are sending mail to a previous address, you can't guarantee that you would get any court papers forwarded to you. You might not have notice of it happening.

The default will drop off your credit reports in August whatever you do.

give_them_FA

Even if it were (highly unlikely if you ignore them) to be taken to County Court, if you have the means to settle it, paying on the issue of a claim, or a judgment paid within 28 days is not put on the register. Isn't that right, fermi?

Whoever is writing is unlikely to front up money to take it to court if they are not sure of your address. You could be dead for all they know.

I'd say it's worth ignore and sit tight till August.

Often it's a try-on as they may not have all the necessary paperwork to make a claim stick in Court- whatever you do don't admit it.

fermi

give_them_FA wrote: »

Even if it were (highly unlikely if you ignore them) to be taken to County Court, if you have the means to settle it, paying on the issue of a claim, or a judgment paid within 28 days is not put on the register. Isn't that right, fermi?

One calender month rather than 28 days.

Assuming that you know of it that is, and that you have the means to pay it. If sent to the old address, you may not know within the one month.

give_them_FA wrote: »

Whoever is writing is unlikely to front up money to take it to court if they are not sure of your address. You could be dead for all they know.

You would think that, but I see a surprising number of people find out that a debt collector has got a CCJ by sending to the last known address. Either due to deliberate sneakiness, or not knowing the current one.

In the end it is a gamble. One weighted somewhat in your favour perhaps, but not a dead cert by any means.

Gordon_Hose

This is probably one last push to bully you into paying before it goes SB.

cwebb4

thanks everyone for the quick responses. the company contacting was 'dvsl' and they got hold of an address i lived at about a year ago for a short time. have recieved some voicemails from them recently as well.

i actually dont have the means to pay it if it go's to court, not sure if its worth the risk of waiting or try to agree a small monthly payment plan with them(default still drops of if i do this?)

hhhmmmm...its a tough one.


thanks again to everyone, this place is great.

cwebb4

very strangely, i just check my credit report and the default has dissapeared!!!

how is this possible?

fermi

cwebb4 wrote: »

very strangely, i just check my credit report and the default has dissapeared!!!

how is this possible?

Possible that the debt has been sold on again. If that happens then the debt can disappear from your credit record for a short time, only to appear back after a bit recorded against the new company.

give_them_FA

I would certainly sit tight. As fermi said, they could try for a claim, but there's no guarantee they have all the paperwork needed to do it. Debt collecters are not truthful. All I can tell you is that ignoring and sitting tight has worked for me 100% but ultimately it's up to you.

cwebb4

update- today i got a letter saying that "further to our agreements, you have failed to pay off the debt" etc- i havent made any agreements or had any contact with them at all. giving the name of a person who is managing my account and that if the debt wasnt paid by the 20th then they are going to take it to court:eek: but if i am willing to settle for £900 they will wipe it clean.


is this standard stuff, pretty concerned.

thanks to everyone that has offered their advice so far...:T

cwebb4

anyone have any further advice on this?