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Need help with unpaid debts.

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Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    edited 12 November 2012 at 9:08PM
    Grey_area wrote: »
    It was a mixture of mortgage, loans, credit card and car loan.

    If court action was taken where do I stand?

    Well, the mortgage debt would not be statute barred until the 12 year mark.

    If other creditors took out a CCJ in your absence then that would prevent those debts ever becoming statute barred. Most creditors won't do that, but occasionally it happens.

    You really have to decide whether you are going to

    (a) Stay as you are until you are sure 6 years have passed. Then deal with the mortgage debt and maybe any other that had a CCJ on them should they catch up with you.

    (b) Or bite the bullet, do a credit check, and maybe tackle the other debts if they come to light.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Mouse1812 wrote: »
    I'd still look and see if you have a new credit file - you do have a current bank account don't you?

    No I don't I only had the 1 account when all this happened and never opened another one.
  • fermi wrote: »
    Well, the mortgage debt would not be statute barred until the 12 year mark.

    If other creditors took out a CCJ in your absence then that would prevent those debts ever becoming statute barred. Most creditors won't do that, but occasionally it happens.

    You really have to decide whether you are going to

    (a) Stay as you are until you are sure 6 years have passed. Then deal with the mortgage debt and maybe any other that had a CCJ on them should they catch up with you.

    (b) Or bite the bullet, do a credit check, and maybe tackle the other debts if they come to light.

    What are the main factors when companies are looking to apply a ccj on a property? Also can they apply the ccj after I had lost the property?
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    For a CCJ the court rules allow all the court papers to be served to your last known address. Even if you have left.

    Most creditors won't apply for a CCJ in your absence. It costs them court fees and they could be throwing good money after bad. But to every rule there are exceptions, and we quite frequenlty see cases of those on these boards.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • fermi wrote: »
    For a CCJ the court rules allow all the court papers to be served to your last known address. Even if you have left.

    Most creditors won't apply for a CCJ in your absence. It costs them court fees and they could be throwing good money after bad. But to every rule there are exceptions, and we quite frequenlty see cases of those on these boards.

    Ok, I have never been to court since all this happened. I also have never received a single letter. Puzzled..
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Grey_area wrote: »
    Ok, I have never been to court since all this happened. I also have never received a single letter. Puzzled..

    If they don't know your current address then you wouldn't get any letters.

    You don't "go to" court unless you defend the claim and the judge sets a hearing. Otherwise it's just a rubber stamp exercise and the CCJ issue is more or less automatic.

    Then again, could be that none of your creditor have gone for a CCJ.

    Unfortunately these are things that you cannot find out without doing things like getting a full credit check, asking creditors etc. All of which you don't want to do.

    If you want to know you at some stage will have to bite the bullet and find out.

    Or you can bury your head in the sand until you can hope that most of it might have gone away (whenever that is).

    We can't tell you which.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • fermi wrote: »
    If they don't know your current address then you wouldn't get any letters.

    You don't "go to" court unless you defend the claim and the judge sets a hearing. Otherwise it's just a rubber stamp exercise and the CCJ issue is more or less automatic.

    Then again, could be that none of your creditor have gone for a CCJ.

    Unfortunately these are things that you cannot find out without doing things like getting a full credit check, asking creditors etc. All of which you don't want to do.

    If you want to know you at some stage will have to bite the bullet and find out.

    Or you can bury your head in the sand until you can hope that most of it might have gone away (whenever that is).

    We can't tell you which.

    I know what you are saying. Thanks for your help.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    I know what it's like. You are stuck in one place and afraid to go to another without knowing what to expect.

    It is very difficult.

    Only thing I can say is think about what you want to do with your life now. If you can do that and cope with laying low then that may be OK.

    If it will hinder you then think about addressing things head on.

    Worst thing that could happen? You declare yourself BR of your own accord and all the debts go. Not great, but they can be dealt with one way or another.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • MrSilk
    MrSilk Posts: 1,518 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    There is more to life than worrying about silly CCJ's and Debt... Be brave and take a look at your report, you'll find out it's not as bad as you thought :)
  • Well I struggled then when I had a good job. The current job I have now is no where near as rewarding as the role I had at the time. I am worried that I will go back to the sleepless nights, I just can't go back there. I really want to move on and stop living this way.
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