Deafults about to drop off - living abroad - what about a CCJ?

leafyant

Hi all.


I am new to this forum, and this is my first post so please be nice! I have done a lot of reading around this subject, and have browsed this forum but I still remain unsure, and confused.


Basically, my question is this.


When I was younger (and slightly more stupid) I ran up a lot of debt - the old story. I have been living abroad for the past 5 years and now I have a family (which I didn't before moving abroad) we are now all looking to move back to the UK. And this is where the scary part comes in.


I checked my credit report on a website (Am I allowed to state which one?!?) - anyway, there was good and bad news. Bad news - 2 defaults, one number (2) (account in two months arrears), and one account with (1).


The good news is that both defaults are about to drop off my credit file - both within the next couple of months.


Now, I have done my reading and I have never had any contact with the debt collection agencies, nor acknowledgement of the debt in all this time (almost 6 years - and no, I did not go abroad to run away from my debt!). However, this is where my potential joy gets buried under a load of worry - I have been offered a job, starting next month (about 6 weeks before these defaults are about to drop off my file).


IF I take this job and go back to the UK (register with a bank account, money coming in on NI number etc,) will these DCA's find me at the very last minute???


I am so worried that this will happen, and they will quickly threaten me with whacking a CCJ on my file if I don't pay up. That could mean my brand spanking new(ish) credit report, that could happen, may be destroyed and made even worse.


I really feel this is my last chance. Im much older and more responsible now - I have a partner and a child, a well paid job (perhaps!?) to walk into, and the chance of a really good life with a good credit score.


So my question is that, what is the likelihood of the DCA's finding me at the very last minute if I return to the UK and somehow iadvertantly 'flag' their system?


Even if I don't, and the defaults drop off my file, can the DCA's (or anyone) simply whack a CCJ on anyway? I am aware that they cannot issue another default after the 6 year timeframe.


Thanks so much for all and any help


"Confused"

fatbelly

leafyant wrote: »

Hi

IF I take this job and go back to the UK (register with a bank account, money coming in on NI number etc,) will these DCA's find me at the very last minute???

Even if I don't, and the defaults drop off my file, can the DCA's (or anyone) simply whack a CCJ on anyway? I am aware that they cannot issue another default after the 6 year timeframe.


"Confused"

Getting a bank account (or credit card, loan, mobile contract, catalogue, certain energy suppliers) or a copy of your credit report will mean that your address history is updated and any DCA looking for you may get in contact. It's difficult to say how likely this is.

However, if your defaults are 5 years 10 months old, that infers that it has already been 6 years since you last stopped making regular payments. If you haven't acknowledged the debts in the meantime, they will already be statute barred and that would be your defence should anyone try a court claim.

leafyant

Thanks so much, Fatbelly!


The default date of one of them is August 2008 (and it says it will be reported until August 2014).


The other was reported December 2008 (my mistake!) and is actually being reported until December 2014 (ie, 6 months away!)


Am I taking a huge risk in coming back to the UK? I really don't want to give up this opportunity (it is a fab job offer!) but at the same time, if this comes to bite me in the butt now, a few months before they would have dropped off, Im worried I will be kicking myself for the next 6 years.


What would you advise?

fatbelly

I would go for it.

These are just a couple of non-priority debts and you shouldn't let them influence your future.

If you get any contact about them, just post on here.

leafyant

Thanks so much again, Fatbelly.


I apologise in advance for my ignorance - but what do you mean by 'not priority debts'?


The thing that worries me, too...is that when I checked my credit file, there are 'traces' of a third party (unknown) - who only identifies themselves as 'debt collector', accessing my file every 2-3 months for the last 2 years.


The last trace / search they did on my file was LAST MONTH.


This makes me think that they are not going to go away, and jump on me as soon as I land (well, perhaps not that quickly!)


I am ok with regards to finances over where I am, and though this IS a great opportunity (which I may not get again), I am ok to leave it...and get another job in the future.


Saying that, I am desperate to return to UK as I do not like where I am living.


Thanks

sourcrates

leafyant wrote: »

Thanks so much again, Fatbelly.
I apologise in advance for my ignorance - but what do you mean by 'not priority debts'?

Priority debts are mortgage, council tax, food etc, money you need for essential living expenses.


Non priority debts are loans, credit cards, catalogue accounts or any form of unsecured credit.


Basically you pay priority debts first, everything else comes second.

leafyant

Great, thank you for the explanation.


Does the fact that they are non-priority dents mean they are more, or less, likely to chase me...or neither?


I really just need two questions answered for sure:


1) Will they track me down (realistically) before the 6 year limit - ie, with 6 months to go


2) Is it likely that they would find me, and then impose a CCJ - just to make me pay the debt or have a CCJ on my file for 6 years??


If the answer to either or both the above questions is 'yes', or 'maybe' - should I reject the job offer and stay clear of the UK until next year?


NOTE: I do not have any savings. I have been a stay at home mum abroad (not claiming any sort of benefit!) for the last 2 years.


Thanks!

onamissionEU

There is a good chance that some DCA's will catch up with you if you move back but why not just pay what you owe? You did, afterall, borrow and spend it!


Failing that, the chances of anything "bad" happening are close to nill. If the original creditor/DCA wanted to CCJ you, they would have done it long before now - they only have to serve court papers to your last known address. If you run away and don't update them, that's your choice/problem.


SO... if you get phone calls/letters regarding past debts your first job is to ask any alleged creditor to prove that you owe the money (and only communicate in writing, take your time). There are "prove it letter templates" here on MSE. Once a debt is in dispute they can not take you to court. As your debts are old you can also CCA them (ask for consumer credit agreement copy) - if they are unable to provide this or the copy is dubious the debt is unenforceable. Only really applies to debts taken on before 2007.


NEVER admit to anything, never make a payment (and if you send a 1 pound payment for CCA etc make sure that you catagorically state that its the statutory payment for the request and NOT a payment towards the debt!). This will all take time and see you through the 6 year mark!

ML420cdi

leafyant wrote: »

.......

I really just need two questions answered for sure:


1) Will they track me down (realistically) before the 6 year limit - ie, with 6 months to go.........


Thanks!

They generally trace you by linking addresses....so when you tell your bank you have moved they update the CRA's with your new address details....that's how they follow you.

If you decide to move back to the UK for this job then you need to ensure there is no connection between your 'bad' address and your new clean one.

Simply registering to vote or registering to pay council tax is fine as long as there is no link to your previous address.

Think twice before updating ANY person or organisation with your new address details.

Royal mail if you re-direct your mailing address will inform the CRA's....some people use a mail holding facility like MBE.

eyeopener2

Don't let a scummy dca who may one day possibly send you a letter that they could take action against you spoil your plans. That's just daft.

If you get a fishing letter from them in the next 3 or 4 months just send them a prove it letter back, and spin out the last few months. They don't work very quickly these clowns and there are ways and means to delay, if that what you want to do.