legal status of expired CCJ

lexius

Sorry I couldnt find a better place to post this thread, so thought this section was nearest.

I got my credit record from experian about 5 months ago, and it confirmed that a long standing CCJ no longer appears on my credit record.
(the debt is still unpaid)

So I decided to register on the electorial register, as I thought doing so before would mean that the debt collection company that was after it would be able to find me.

In the last month I have started receiving letters from a debt collection company about this debt (probably because my name just appeared on teh elect reg.).
What is the legal status, am I still liable for this debt?, meaning they can take to to court again over the same amount?

taffy056

Well if it has disappeared from your credit file, it means that probably 6 years has passed , so the debt is probably statute barred, meaning that legally you cannot be chased for it. Who was the debt to? and has 6 years actually have passed ? Don't converse with the DCA or agree anything at all

fermi

You are still liable in a legal sense.

They would not be able to take action for another CCJ. All they could do is try to enforce the one they have.

A CCJ doesn't become statute barred, but a debt collection company might have trouble enforcing it if there is not a good reason whey they haven’t tried before now. Permission from the court would be needed, and it's unlikely to be given unless there are exceptional reasons for leaving it this long.

It has been claimed that a CCJ can be re-registered, so it goes back on the register and hence credit reports for another 6 years. I've never heard of this happening in reality though, so is quite unlikely at the very least.

fermi

It's reasonably clear that the debt collector has "traced" your name to the current address, rather than knowing for certain that you are they.

Do they reference they CCJ in any way in their letters? Threaten enforcement of it?

If not, then it's likely just a "fishing" exercise on their part and I would be tempted to wait and see if anything further comes.

If the DCA doesn't mention the CCJ, it's not out of the question that they don't know there is one. Seen a couple like that. They got sold the debt in a job lot, but were never told that there was also a CCJ.

taffy056

Oops didn't know that about a ccj , will make sure I don't say that again.

lexius

Thanks for the responses guys,

yeah its been over 6 years but from what I can recall its been a few debt collection companies, the debt was originally barclays bank, who seem total currently oblivious to the fact I owed them 18K, as they keep trying to offer me more loans.

I dont think the letter mentions the CCJ(i cant actually fnd it at the moment), and I have been at the same address for the last 10 years, just trying to keep a low profile, but they knew I was here a long time ago. so only thing that changed was Elect reg, oh and I applied for a credit card.

I was thinking that the DCA was just playing the percentages game, sending a threatening letter is extremely cheap and even if it has a tiny chance of success then they make a lot of money from it.

And I havent spoken and dont intend to speak to the DCA about it, the main reason for not paying was I wasnt happy with the circumstances in which the debt agreed ( so I have a stubornly moral obligation in trying not to pay it off).

So if I ignore these letters, assuming they will keep coming for a while (as I have had 2 so far), at what point do I have to take notice again?. So what I mean is if they try and esculate it to the point of going to court - I am asuming from what has been said, that only if they talk about re-issuing the ccj it will be a problem(which in itself sounds unlikely). and that any new attempt to raise a ccj wouldnt be possible as its already been done. So allI have to be aware of is if they talk about the old CCJ?

Thanks again for they advise, really helped.