Deafaults, CCJs and the Statute Barred rule

matthew_maude

Hi,
As with a lot of people here I have old debts that are causing me problems... Having just got my credit report I have some questions about what is on there.

I have had a CCJ against me since 2008 which I only just found out about but it is attached to a debt that is on there that hasn't defaulted (still showing as in arrears)
also it looks like the debt has only been reported since April 2009 when in fact I made my last payment to them in 2006 and have had no contact with them since then, from August 2009 it has been showing as 6 payments late and that has been reported every month from then until this month and no doubt will be there next month.

I have another old debt to my old bank which again only seems to have appeared since November 2006 when I stopped using them in 2005 sometime, it shows up as if its up to date from November 2006 all the way to March 2008 and then it defaulted in July 2008.

Then and more frustratingly I have a more recent one that defaulted in 2010 from Barclays bank, it had been passed to a debt collector who defaulted it. this one were because I went 0.96p over drawn but I were out of work so I just left it, weirdly I had money in my savings account that I had and still have with them so why they couldn't take the money from there i'm not sure... Anyway, the 0.96p soon turned into £182 and they closed my account. as soon as I got a new job I went to the bank to pay the debt (even tho it were a ridiculous charge) and they said I couldn't pay them as it had been passed on, they couldn't even tell me who to pay so I had no choice but to leave it.

A few key questions I have are

Can I get a CCJ if the debt hasn't defaulted?
Can a defaulted debt somehow become un defaulted?
Does the 6 year statute barred rule start from the date of last payment/contact date or is it from when it defaults or some other time period?
Is there anything I can do about the defaulted debt from Barclays to get it off my credit record seen as I didn't have an opportunity to settle it even tho I tried?
Can I remove the CCJ if it were issued incorrectly?
Can I get these old debts off my record if they are Statute barred?

Thanks in advance
Matt

fermi

Can I get a CCJ if the debt hasn't defaulted?

No. Shouldn't happen. The simple issuing of a CCJ is a clear unarguable default, so should have been defaulted then if not before.

Can a defaulted debt somehow become un defaulted?

Only if the default was placed in error.

Does the 6 year statute barred rule start from the date of last payment/contact date or is it from when it defaults or some other time period?

From last acknowledgement or payment. No longer applies though if there is a CCJ.

Is there anything I can do about the defaulted debt from Barclays to get it off my credit record seen as I didn't have an opportunity to settle it even tho I tried?

If you just "left it" as you say, then the default would most likely be valid and you probably won't have much of a case to remove it.

Can I remove the CCJ if it were issued incorrectly?

Incorrectly how? If the debt was statute barred when it was issued then you might have grounds to set it aside. But as you have left it so long, you could struggle with that.

Can I get these old debts off my record if they are Statute barred?

Whether they are statute bared or not doesn't effect defaults, so no, not on that basis. You can only have a chance of removing defaults if they are not accurate. i.e. dated wrongly, or should never have been issued in the first place.

kathyb1tch

Hi, i havent been on here for a while and have forgot to to post new threads so i am jumping on this one, feel free to move me :-) anyway i am having problems with a company called MKRR, MK rapid recovery, they are a debt collecting agency for an overdraft i had that started in 2006, i defaulted in 2008. theya re ringing me EVERY morning at 8-8:30am, when my daughter answered a few weeks ago a man was questioning her like 'who are you' whats your relationship, where is she' is this harrassment and what can i do about it? oh lately i have been turning my phone off or hanging up on them

ginge0110

I have a ccj on my credit report and it shows satisfied, it looks like it was from june 2007, I've never paid anything towards it and I only found out I had it when I recieved my credit report.

how long before it comes off my report? also what is the difference between satisfied and settled?

fatbelly

ginge0110 wrote: »

I have a ccj on my credit report and it shows satisfied, it looks like it was from june 2007, I've never paid anything towards it and I only found out I had it when I recieved my credit report.

how long before it comes off my report? also what is the difference between satisfied and settled?

It stays for 6 years from the judgement date so should be gone in 3 months.

Definitely leave it alone.