credit file - registering debt

osophi

Hi all,

I am older and hopefully wiser with the hope of purchasing my own property soon. I made some unwise choices with money years ago which resulted in debt and several defaults on my credit file. Many have dropped except for one which is due to drop end of 2016. I have two questions really.

Can I hurry this process up by negotiating with the debt company, if so how do I go about it?

Can a defaulted account that has since fallen of my credit account after 6 yrs, return following a county court judgement submission from the debt company? Do I have rights to stop this, as if it goes ahead, it will through a spanner in works.

fermi

osophi wrote: »

Can I hurry this process up by negotiating with the debt company, if so how do I go about it?

Can a defaulted account that has since fallen of my credit account after 6 yrs, return following a county court judgement submission from the debt company? Do I have rights to stop this, as if it goes ahead, it will through a spanner in works.

You could try to negotiate for removal, but most companies do not play ball on that. Occasional some will so does no harm to try though.

Yes, a CCJ that is not paid within one month of the judgment date will go on your credit report for 6 years.

You can defend the CCJ if you have a case to maybe prevent it and stop it being registered. If you lose it will be registered so will not appear on credit files.

If you get a CCJ (defended but lost, or not) but pay it within one calendar month from the judgment date, it will be removed from the register so not go on credit files.

osophi

just to clarify, although the debt had been on the file for 6yrs as a default and was removed last year, it can be re-registered and returned on the file as ccj for another 6yrs if not paid within a month but would not be placed in the file if I defend it?

molerat

If they try for a CCJ you would need to defend using statute barred as the defence. If you did not challenge it then they would probably get a default judgement. Do they know your current address as a dirty trick they use is to send papers to your old address.

If they get a CCJ you would need to pay it within the month to stop it going on your file, defending it is only to try to avoid getting one.

osophi

are they allowed to 're-register the same debt although it was recently removed after 6 yrs?

I presume they do as the intention to submit papers to county court was sent to my current address.

happy_bunny_2

They cannot reregister another default for the same debt.

They can get the CCJ for the same debt. The two are unrelated, as you can be taken to court and get a CCJ for a non consumer finance debt that wouldn't have a default. This will stay for 6 years,, as mentioned in other posts.

Have you paid anything towards the debt in the last 6 years or acknowledged the debt in writing? If not, it's statute barred and that's your defence.

What's the debt for? When was it taken out?

osophi

Hi, I have not paid towards the debt or acknowledged the debt in writing in the last 6yrs. It a credit card debt and it was taken out way before the last 6yrs but was on dmp prior to that. How successful or easy to defend with statute barred and any success stories out there?

fermi

osophi wrote: »

Hi, I have not paid towards the debt or acknowledged the debt in writing in the last 6yrs. It a credit card debt and it was taken out way before the last 6yrs but was on dmp prior to that. How successful or easy to defend with statute barred and any success stories out there?

Depends on that facts of each case.


People can and do succeed defending these. Usually forcing the company to give up before any actual court hearing.

The sort of place for detailed help would be:

http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

or

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues

happy_bunny_2

osophi wrote: »

Hi, I have not paid towards the debt or acknowledged the debt in writing in the last 6yrs. It a credit card debt and it was taken out way before the last 6yrs but was on dmp prior to that. How successful or easy to defend with statute barred and any success stories out there?

As Fermi says.

If taken out before April 2007, also worth a CCA request, as without the original they are also likely stuffed. Good plan B. But follow advice on linked forum.

osophi

Hi all,

Thank you all for your responses. I plan to defend this with statute barred as the court papers i received at my current address was claim forms asking me to complete some details. I do not plan to complete these but have got a letter ready to send via recorded delivery today before the 14 days after date of issue. I have also been advised not to sign my name as apparently it can be cut and used on their documents.The defaulted debt was, but currently not on my credit file, so i can safely assume it passed the 6yrs. Please let me know if i have missed anything out before i send the letter.

fermi

You need to reply using the court forms. If you don't you will get a CCJ by default.

Please go to the places I linked to to ask for help. Wherever has been advising you is talking a complete load of nonsense.