New ccj

bricky36

Hello,
I have a default from 2008, that is just about to be spent, under the 6 year rule.
I have just found out I now have a new ccj, concerning the same debt.
So will the ccj go when the default is spent, or does ccj stay on credit file for another 6 years. This would make 12 years.
Can anyone help,
Thanks

rizla_king

CCJ stays for another 6 years. If youve only just found out about it then you should look to see if you can have it set aside. Could have been statute barred or other reason to defend it had you known about it before. Ask on http://www.legalbeagles.info/forums/forum.php for help

Thrugelmir

bricky36 wrote: »

Hello,
I have a default from 2008, that is just about to be spent, under the 6 year rule.
I have just found out I now have a new ccj, concerning the same debt.
So will the ccj go when the default is spent, or does ccj stay on credit file for another 6 years. This would make 12 years.
Can anyone help,
Thanks

This a tactic that will become increasingly common. Running away or simply ignoring any requests to deal with the debt will result in a CCJ. Set aside will require a really good explanation. More so given you were aware of the debt.

bricky36

The ccj in in my old address, so did not find out about it till I checked my credit. I have no intention of paying, because the judgment is wrong.

I hate the self righteous

MrSilk

bricky36 wrote: »

The ccj in in my old address, so did not find out about it till I checked my credit. I have no intention of paying, because the judgment is wrong.

I hate the self righteous

Is the debt valid and yours?, or is that wrong too?

rizla_king

bricky36 wrote: »

The ccj in in my old address, so did not find out about it till I checked my credit. I have no intention of paying, because the judgment is wrong.

See the advice in my previous post then.

ALIBOBSY

If you can prove you had moved prior to the court papers being issued it should be fairly straight forward to get the CCJ removed, BUT it is highly likely the company will just reapply and make fresh court applications at your correct address.

However the good news is if you get it removed and arrange to pay the debt direct with the lender they will have no reason to reapply for the CCJ, so its a chance to clear your file.

If you feel the debt is incorrect or not yours you can then await any new court action and defend. Do you know when you last acknowledged or made a payment on the debt, it may just be statute barred-but its likely that the approach of the statute barred date is why the CCJ has been applied for so you may not have quite reached it.

Ali x

thebritishbloke

bricky36 wrote: »

The ccj in in my old address, so did not find out about it till I checked my credit. I have no intention of paying, because the judgment is wrong.

I hate the self righteous

Do you hate yourself then?

You seem to acknowledge that this debt is yours, and you just don't want to pay it back.

chanz4

just hope they dont now go for enforcement

fatbelly

We haven't got the exact dates here for either the default or the judgement.

Defaults should be issued 3-6 months after the contractual relationship breaks down. The clock starts ticking from the date of first missed payment, not the default date.

If you didn't acknowledge the debt by payment or in writing since that date and they did not commence a court claim within 6 years then you have 'a defence with a reasonable prospect of success' But you must act promptly.

https://www.nationaldebtline.org/EW/factsheets/Pages/12%20EW%20County%20court%20-%20how%20to%20set%20aside%20a%20judgment/Default.aspx

and

https://www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Default.aspx