Are you waiting for debts to drop off?

LolStevo

I know its a terrible thing to do but is anyone waiting for debts to drop off their credit file after the 6 years?

I am paying a debt through Lowell at £20 per month, plus a CCJ at £50 a month and also got council tax arrears i am trying to clear.

I have now had several calls from Lowell with regards to an old O2 mobile phone i took out for my brother which defaulted at £533.60. It will be 6 years on christmas day this year and secretly had been hoping they wouldnt chase me for it but they have now realised its only got til christmas to take action!

How likely are they to get a ccj for this debt?

I can probably afford £10 a month to go towards it but that would need to be taken from one of the other debts i have

I dont want another CCJ but then need to clear the other debts quicker!

What would you do?

glentoran99

The date it drops off your credit file is not necessarily the date it becomes statute barred, even if its not on your credit file its possible they can still get a CCJ

LolStevo

glentoran99 wrote: »

The date it drops off your credit file is not necessarily the date it becomes statute barred, even if its not on your credit file its possible they can still get a CCJ

Oh really? They said they have another old default of mine probably about 9 years old that they can no longer legally take action on i wonder if that one is statute barred then?

So i should just pay it? x

glentoran99

LolStevo wrote: »

Oh really? They said they have another old default of mine probably about 9 years old that they can no longer legally take action on i wonder if that one is statute barred then?

So i should just pay it? x

the statute barring clock starts from the last action on the account so it would need to be 6 years from you last paid anything or acknowledged the debt before it becomes statute barred

sourcrates

Hi,


The date of default would not necessarily be the "cause of action" date, the SB clock runs from either, the last payment made to the account, or, the last written acknowledgement, or, the date on which the creditor could of taken legal action against you, possibly two or three months before the default was registered, or even earlier.


To be sure, you need to try and remember when any of the above became applicable.

HappyMJ

LolStevo wrote: »

I know its a terrible thing to do but is anyone waiting for debts to drop off their credit file after the 6 years?

I am paying a debt through Lowell at £20 per month, plus a CCJ at £50 a month and also got council tax arrears i am trying to clear.

I have now had several calls from Lowell with regards to an old O2 mobile phone i took out for my brother which defaulted at £533.60. It will be 6 years on christmas day this year and secretly had been hoping they wouldnt chase me for it but they have now realised its only got til christmas to take action!

How likely are they to get a ccj for this debt?

I can probably afford £10 a month to go towards it but that would need to be taken from one of the other debts i have

I dont want another CCJ but then need to clear the other debts quicker!

What would you do?

Council tax arrears trumps nearly all other debts. You must be seen to prioritize this debt over all other unsecured debt. The only debt you pay before the council tax arrears is mortgage arrears and court fines. A mobile phone comes last in the order of priority so don't even bother trying to offer £10 a month. Offer nothing and get those council tax arrears cleared first then concentrate on the unsecured debts.

LolStevo

HappyMJ wrote: »

Council tax arrears trumps nearly all other debts. You must be seen to prioritize this debt over all other unsecured debt. The only debt you pay before the council tax arrears is mortgage arrears and court fines. A mobile phone comes last in the order of priority so don't even bother trying to offer £10 a month. Offer nothing and get those council tax arrears cleared first then concentrate on the unsecured debts.

I currently pay £70 a month to other debts can i tell them I'm clearing ct arrears and I can't pay for a couple of months even if one is a ccj? x

HappyMJ

LolStevo wrote: »

I currently pay £70 a month to other debts can i tell them I'm clearing ct arrears and I can't pay for a couple of months even if one is a ccj? x

Council tax arrears also trump a CCJ. Once your council tax arrears are paid back you have no threat of prison hanging over your head for non payment and can then restart payments to the CCJ. You'll have to speak with the court and tell them you could go to prison for non payment. They'll argue that their debt is more important but they can't do much if you don't pay.