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Can I get a default on a CCJ?

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Hello

Hoping someone may be able to help, I've tried searching but couldn't find anything similar.

So, cleared around 7k of debts over the past year whilst I moved into my other half's rent free.

I'm trying to get debt free and be in a position to purchase a house in a few years.

So here's my dilemma.

About 10 or so years ago I ran up a C/C debt from HSBC. Got a CCJ as I ignored the debt, which dropped off around 3 years ago.

Debt was sold to Lowell who are now chasing for the payment. I receive the odd letter every month. I set up a payment plan around 3/4 years ago but failed to make any regular payments.

No defaults, searches or trace of Lowell appear on my credit report and I'd like to keep it that way.

My question is, I obviously want to clear the debt (I ran up the payment so I'll gladly be responsible and pay) but I'm worried in doing so it might appear on my credit file.

It hasn't so far and I've been receiving letter for a few years - could this be down to me getting a CCJ for this debt? If I set up a payment plan over 12 months, will this also show on my credit file.

I don't want to rock the boat and ask Lowell as they might use this information in their favour to get full payment or could I have slipped the net and they assume it's listed against me?

Any pointers would be welcome.

Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    No, if the have a CCJ then they must record a default on the account, and that default must be dated earlier than the CCJ. It would mean that any default and the account would not now appear on your credit files.

    Basically they are not permitted to enter anything about this debt on your credit report ever again.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • I would just advise you to ignore them.

    I get letters from Lowell every so often for a statute barred debt that must have defaulted well over 6 years ago and hasn't been on my credit file for a very long time. They rely on people not knowing their rights and making payments to them as they are scared it will affect their current credit file.

    Good luck in sorting out your debts, sounds like you are making a lot of progress. :T
  • Thanks for the advice :-)

    Yes, the end is in sight and it'll be the first time in 11 years that I won't owe anyone, anything!

    I'm cutting up my cards one by one too.

    Credit file has gone from <100 too 900ish or so over the past 2 years which is encouraging.

    I've managed to find some paperwork from the debt and I made a payment in early 2012, so looks like I can't go down the statute barred route.

    I assume as I've not adhered to the payment plan they cannot legally notify or update any credit reference agencies as suggested. I'm pretty sure the CCJ related to this but as it's now been removed from my credit file I can't check.

    I assume they'll continue to chase but I'm on edge as any change in my credit profile could impact my ability on buying a house

    Cheers
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