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Ccj

Sorry if this is the wrong place.

Just a quick bit of advice really...

I'm trying to help a mate get out of a hole. I've already got him to get in touch with two companies that he owes money from 2010 so that part is sorted. He's got a CCJ on his credit report from June 2008 though. It's at an old address and my understanding was that it will be cleared after 6 years. In theory can he just leave this for a couple of months and concentrate on the other two current debts?

it doesn't seem like it should be that easy to get it removed.


Thanks

Comments

  • FireWyrm
    FireWyrm Posts: 6,557 Forumite
    Part of the Furniture Combo Breaker Debt-free and Proud!
    edited 8 April 2014 at 10:47AM
    It isnt, CCJs are not statute barred like normal debts - this is because the court has already directed him to pay it. The fact that it drops off his credit file after 6 years is irrelevant. If they had no CCJ, just an 'agreement' then you would be right, but the creditor has already secured it in court and theoretically, they can enforce it at any time. This is why we are seeing debt collection agencies racing to secure CCJs before the 6 year deadline. Technically, the fact that any debt at all drops off the credit file is irrelevant since you never cease to owe the money until it is satified, just that unless they get a CCJ before the 6 years, it becomes all but unenforceable and therefore, to all intents and purposes, void.

    After 6 years is up with CCJs and they havnt tried to enforce it, I believe they have to go back again to the court with an explanation and reapply, but that is merely a formality in reality.

    http://www.payplan.com/debt-library/joint-and-several-liability-the-limitation-act-1980.php
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  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Hi Augustus

    Just to elaborate on FireWyrm's response...

    If the CCJ creditor were to track your friend down after June, they would need the court's permission to enforce the debt against him e.g. bailiffs, deductions from earnings etc. The court would expect to hear their reasons for taking so long to enforce the judgment - being unable to locate the debtor earlier as they had absconded is a common scenario and the court may well consider that reasonable. It still wouldn't bring the debt back onto his credit file but he may end up having to pay it/some of it. (I imagine whoever owns the debt now might well be prepared to accept a reduced lump sum and write off the remainder, CCJ or not).

    We can only speculate on when/if the creditor will locate him. It's more likely if he makes further credit applications which result in "footprints" at his current address.

    Regards

    Dennis @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
  • right so either way it needs to be sorted as they could come back at any time to chase him?

    It's strange that he has 3 large debts on his credit report.

    2 aren't CCj's and the CCJ itself is around the total of the other 2, only £8 difference. Is this a coincidence? the dates don't match up but he has no idea what the CCJ is.



    My first thoughts to help him sort this out are emailing the two debts mentioned above quoting the account reference, dates and value. Asking questions about the debts and working out a plan moving forward. I'm concerned one is a finance company and they've bought the debt. Hopefully this is a duplicate and the first of the 2 is no longer active.

    I think I'll now email the county court that issued the judgement to try to find out more about the third debt.


    Is there a chance all 3 debts are for the same thing and it's just grown over time to include fees etc?
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Coincidence? Impossible to say for sure from here. A debt definitely shouldn't be duplicated on his credit file. That's not to say it doesn't sometimes happen, though.

    A company buying a debt from another may update the details on the credit file to show it in their name, but they can't go altering fundamental information like the size of the debt, date of default etc.

    If there are errors on your friend's credit report, then the onus is on the creditor/s concerned to put them right.

    Good idea at this stage to seek more information from these two companies before deciding on next steps.

    Regards

    Dennis @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
  • Thanks for the info Dennis. I've got him to send an email to National Debtline with a full breakdown of the situation. Emails also sent to both companies and the court where the ccj was processed.

    Hopefully we get some responses soon.
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