Spent CCJ - Can Cabot get another against same debt?

pilch23

Hi

Can I get taken to court over the same debt twice?

Have several debts, 2 with CCJ's but 6 years old early next year, paid monthly agreed amount but still balance will remain outstanding.

With regard other debts, again 6 years and older, they have now dropped off my credit report and all bar one have been sold to collection agencies....can they make defaulted or take me to court?

Cheers in advance.

Tixy

The 2 debts with CCJs, if you stopped paying when they were 6years old then your creditors could take enforcement action, so yes they could go back to court to do that.

Regarding the other debts - once defaults have fallen off your file the credit accounts / defaults won't reappear on your file. They can still take court action against you. Though whether they are likely to be successful with court action and obtain a CCJ depends on when you last paid the debts or acknowledged them in writing and whether they hold the correct paperwork etc.

pilch23

Thanks Tixy


I paid monthly a small amount on the debts which where just defaulted but have stopped since dropping off credit report.


So not paid for circa. 4/5 months


If I get letters from collection agencies, do I challenge them for paperwork directly?

National_Debtline

Hi pilch

pilch23 wrote: »

Hi

Can I get taken to court over the same debt twice?

Have several debts, 2 with CCJ's but 6 years old early next year, paid monthly agreed amount but still balance will remain outstanding.

As tixy says they could still try to enforce the judgments if you stopped your payments at any stage. They would need the court's permission if they sought enforcement more than six years after the CCJ was made. Important to stress, though, that this would not result in a NEW CCJ.

With regard other debts, again 6 years and older, they have now dropped off my credit report and all bar one have been sold to collection agencies....can they make defaulted or take me to court?

A creditor should not record two separate defaults for the same debt. Any default should be timed to reflect the point at which your payments fell into disarray i.e. 6 years or more ago in this case.

If someone tries to take you to court where you have not paid the debt or made a written acknowledgement of it in six years, it may well be "statute barred" - read more here:

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

Dennis
@natdebtline

Tixy

pilch23 wrote: »

So not paid for circa. 4/5 months


If I get letters from collection agencies, do I challenge them for paperwork directly?

Your creditors have 6years to take court action - so yes they could do so any time in the next 5.5years.

If debt collection agencies contact you for any debt it is best to ensure they provide proof of the debt -proof that the debt exists, belongs to you and that they have a right to collect it.
Sending the prove it letter is usually a good starting point - AKA "Prove it" letter

pilch23

Thank you for the response.


They are statute barred as I made payments up until 4/5 months ago.


The CCJ's I have stopped paying one since it was removed from Credit Report, the other I still pay as only 5.5 years old.


How do they reinforce with the courts?

Tixy

pilch23 wrote: »

How do they reinforce with the courts?

For example they may seek a warrant of control to instruct bailiffs or apply for an attachment of earnings.

pilch23

So your advice is to continue to pay CCJ's even though they have been removed from my Credit Report

thewhiteavenger

Tixy wrote: »

For example they may seek a warrant of control to instruct bailiffs or apply for an attachment of earnings.

Or a charging order to secure against your property

Or a third party debt order to freeze your bank account and take from that

They can get the court to order you to attend for questioning to work out which method would be best

thewhiteavenger

pilch23 wrote: »

Thank you for the response.


They are statute barred as I made payments up until 4/5 months ago.

Did you mean

They are NOT statute barred as I made payments up until 4/5 months ago.

ladydormouse

I always thought that personal debt would not be around someone's neck for the rest of their life. So according to the replies, a debt is a debt forever without end in sight?