6 Years From Default Date?

matttye

rebm11 wrote: »

So would it be best to approach them and offer to make monthly payments to pay the debt off or leave it to be removed after 6 years... as it would take the same time to pay them off?

This would then change the date for the 6 year removal as you have contacted them again?

Debts become statute barred (unenforceable in court) 6 years (5 in Scotland) from the 'cause of action.'

Paying less than the contracted amount or missing a payment is a 'cause of action,' as is acknowledging the debt in writing.

The 6 year removal from your credit file has nothing to do with whether or not something is statute barred. The only similarity is the 6 year time period.

As for which would be best, it depends what you mean. If you don't pay them then they still have another 4 years to take you to court. If they do this they will obtain a CCJ will stay on your credit file for a further six years, and CCJs don't become statute barred.

I would therefore suggest that if you can make a reasonable repayment proposition you should do so.

rebm11

Ah I see so until the accounts become 'settled' then they are still being acknowledged...

Tixy

rebm11 wrote: »

Ah I see so until the accounts become 'settled' then they are still being acknowledged...

No.
A debt is ackowledged if you pay towards it or write to the creditor/debt collector specfically acknowledge the debt.

Nothing else counts as acknowledgement.

So a debt would become statute barred 6 years after the last time you paid or wrote to the creditor/debt collector - but only if they don't commence court action before those 6years are up.

Your credit file has nothing to do with the debt a debt becomes statute barred.

LeeThePlumber777

Hi, sorry if this is answered elsewhere, but

I have a CCJ showing on my credit report that says it was filed on 21/01/2009

I have no idea what the debt is for? Few questions

1. How do I found out what it's for
2. Will this be removed from my file 6 years from 21/01/2009?
3. Will me finding out what the debt is for mean I've acknowledged it? And therefore have to start paying?

Thanks in advance,
Lee

Tixy

LeeThePlumber777 wrote: »

1. How do I found out what it's for
2. Will this be removed from my file 6 years from 21/01/2009?
3. Will me finding out what the debt is for mean I've acknowledged it? And therefore have to start paying?

1 Contact the court that issued the CCJ and ask for a copy of the judgement.
2 Yes
3 Contacting the court for a copy of the judgement - no. But as this debt is a CCJ is will never become statute barred. But if the creditor didn't enforce the debt for 6years then they would have to go back to court to try to get permission to enforce the debt after that period. (Enforcing the debt could be e.g. instructing bailiffs, applying for an attachment of earnings to be deducted from your wages, applying for a charging order against a house if you own one).

LeeThePlumber777

Tixy wrote: »

1 Contact the court that issued the CCJ and ask for a copy of the judgement.
2 Yes
3 Contacting the court for a copy of the judgement - no. But as this debt is a CCJ is will never become statute barred. But if the creditor didn't enforce the debt for 6years then they would have to go back to court to try to get permission to enforce the debt after that period. (Enforcing the debt could be e.g. instructing bailiffs, applying for an attachment of earnings to be deducted from your wages, applying for a charging order against a house if you own one).

I've seen people say that the debt can be sort of reissued as in then being there for another 6 years, is that true?

Tixy

It won't appear back on your credit file no matter what.

After 6 years if you have paid nothing they could go back to court to ask for permission to enforce the debt. But they will need to give a good reason why they didn't enforce it within the first 6years, and the courts often refuse permission.

fermi

Heard people claim that as well. Never ever heard of it happening, so not something I would be concerned about.

LeeThePlumber777

Thank you both for your replies, light at the end of the tunnel at last