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Just found I had a CCJ in 2008

Dear all,

Thanks to this forum, last month I became debt free and in good credit file standing after 6 years, or so I thought...

I have had a couple of defaults drop off my Experian report as statute barred. I thought I was ready to start building up my credit score in prep for a mortgage.

However, I signed up to Equifax just to check my debts have been removed, they have. However there is a CCJ on there going back to December 2008 for £3k. I never knew about this at all. I'm assuming it is from Welcome Finance (a debt that was listed on both CRA reports as a default until last month).

I immediately called up Equifax and asked them about it, they said I need to contact the court or I can dispute it through them and they will ask the court to provide evidence it is valid. I chose the latter so now Equifax is contacting the court.

Is this is a good idea? I didn't even know this existed and Welcome Finance went bust sometime ago, I believe they sold outstanding debts to DCAs. Will 'statue barred' also apply to this CCJ? Should I have just waited until December 2014 for this to come off? I can always call Equifax and ask them to cancel the dispute.

Any help ASAP is appreciated, I don't want to reactivate the time limit by disputing the debt through Equifax.

Thanks,

Gareth

Comments

  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    simmouk wrote: »
    Dear all,

    Thanks to this forum, last month I became debt free and in good credit file standing after 6 years, or so I thought...

    I have had a couple of defaults drop off my Experian report as statute barred. I thought I was ready to start building up my credit score in prep for a mortgage.

    However, I signed up to Equifax just to check my debts have been removed, they have. However there is a CCJ on there going back to December 2008 for £3k. I never knew about this at all. I'm assuming it is from Welcome Finance (a debt that was listed on both CRA reports as a default until last month).

    I immediately called up Equifax and asked them about it, they said I need to contact the court or I can dispute it through them and they will ask the court to provide evidence it is valid. I chose the latter so now Equifax is contacting the court.

    Is this is a good idea? I didn't even know this existed and Welcome Finance went bust sometime ago, I believe they sold outstanding debts to DCAs. Will 'statue barred' also apply to this CCJ? Should I have just waited until December 2014 for this to come off? I can always call Equifax and ask them to cancel the dispute.

    Any help ASAP is appreciated, I don't want to reactivate the time limit by disputing the debt through Equifax.

    Thanks,

    Gareth

    Hello there,

    Sadly, you will not be able to argue that the judgment is 'statute barred' as the limitation act is concerned with the bringing of legal action - which has already happened. That said, the general rule with the courts is that six years is long enough for the enforcement of the judgment. The use of bailiff action beyond six years would require the court's permission, you can argue the time delay if other forms of enforcement are used at a hearing. The judgment will fall off your credit file after six years.

    It could be worth searching the Registry Trust to see if the judgment is showing on there: http://www.trustonline.org.uk

    If you were to contact the creditor, there is the risk that they will start pushing for payment.

    Bets wishes,

    David @ NDL.
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
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