CCJ showing on my credit report from last year at old address

thekaver

Hi,

can anyone help me out.

i have just got a credit report as i am about to get a 3rd BTL mortgage, all my prev mortgage are from a while back.

Looking at my report i see a ccj registered about 10 months ago at an old address that i havnt lived in for like 8 years.

The debt was from a very old debt that i havnt had any contact from for around the 6 year mark at time of ccj and the ccj is showing another company has logged the debt. im told they possibly bought the debt from the old company.

I thought the dent was now statutory barred as it is now well over the 6 year mark, however not sure if the ccj was regsistered before or after the 6 year mark.

Were do i stand with this ccj?

Can i legally get it removed? do i have to pay it?

I have had no contact with any of these companies for a long time and have never have never spoke with this company ever who has regsitered the ccj against therefore never had any chance to even fight it.

It is not showing on my experian report but it is showing on my equifax report and it is effecting my credit score.

will thsi also effect myt mortgage appliaction

any help is appreciated

Thrugelmir

thekaver wrote: »

will thsi also effect myt mortgage appliaction

Without a doubt yes.

If you don't face up directly to the debts you owe. Receiving a CCJ is always a possibility.

Tells a potential lender a lot about you and your attitude to money.

thekaver

isnt they any laws in place which means they have to have contact or make you aware of the application for the ccj against you?

my issue is if i would of known they were doing this i would of done something about it at the time to stop it.

Hazzinho

You probably defaulted and didn't tell the lender your new address, they are entitled to place a CCJ on your file which remains for 6 years. This is likely to impact your mortgage application.

thekaver

the other thing is on my equifax credit report it showing

current = n/a
previous = 1

can anyone help me to what this means. it would look like it been a previous one and now not on but this cant be the case as i didnt know about it therefore havnt done anything about getting it removed or paying it off

fermi

You may struggle to justify a set aside of the CCJ, but would be worth giving National Debtline a call tomorrow to see what they think.

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

National_Debtline

Hi thekaver,

There are a lot of issues surrounding debts when they may be Statute Barred (under the Limitations Act 1980). The Limitations Act states that in order for a debt to become statute barred, the following circumstances must apply: -

There must be a 6 year block of time, from when the debt fell due, with no payment or written acknowledgement to the debt and no county court judgement obtained.

thekaver wrote: »

isnt they any laws in place which means they have to have contact or make you aware of the application for the ccj against you?

A creditor is only required to send claim forms to your last known UK address, therefore, if you have moved and the creditor was not aware of this, that may be why you have missed the paperwork. Issuing claim forms is not in breach of the Limitations Act, and if you do not respond to claim forms (I understand that is because you were not aware of them) then you would be given a judgement by default. If they obtained the judgement within the 6 year period then the Limitations Act would no longer apply.

fermi wrote: »

You may struggle to justify a set aside of the CCJ

If you believe that the debt was statute barred, before the CCJ was obtained then you may be able to apply to set aside the judgement. This is an application that takes the judgement back to the beginning of the court process. When you submit this application the court will consider how long it has taken you to do this, why didn’t you respond to the original claim forms and whether you have a realistic prospect of a defence. You will need to seek legal advice before filing this to make sure it is suitable (unfortunately legal advice may cost you more money). We do have a factsheet about how to set aside judgements on our website - https://www.nationaldebtline.org/EW/factsheets/Pages/12 EW County court - how to set aside a judgment/Default.aspxv

If you decide not to set aside the judgement, and believe the judgement is correct, then it would need to be paid. If you cannot do that in a lump sum then you can do this by instalments, and there is a different application you would need to make to the court to try and limit enforcement action. This is quite a complicated issue, especially if you have properties; therefore, you may need more detailed phone advice.

If you are able to pay the judgement in full, then the status of the judgement will change on your credit file (from “default” to “settled or satisfied”). But the judgement will remain on your credit file for 6 years from the date of judgement, and unfortunately, this can cause damage to your overall credit score. We have a factsheet about credit files that explains this in more detail - https://www.nationaldebtline.org/EW/factsheets/Pages/05 EW Credit reference agencies and credit reports/Default.aspx

Laura
@natdebtline

logi79

Thank you for the information

thekaver

i havnt even got info on who it is i owe the money to. How do i find that out?

or even how do i find out if it was statue barred or not?

Tixy

thekaver wrote: »

i havnt even got info on who it is i owe the money to. How do i find that out?

or even how do i find out if it was statue barred or not?

Contact the court that issued the CCJ for a copy of the judgement. From there hopefully you will recognise the debt and be able to check your own records as to whether it would have been statute barred already before the judgement was granted.

thekaver

the other thing is, the old address is a house i own and rent out. the tenant always passes me the mail. she has never passed me any mail to do with this debt or intended action of the ccj. Does this coutn for anything?