CCJ attempts 6 years after default

Helenkc

Hello

I really need some advice please. I had a credit card which I defaulted on at the beginning of 2010 along with other a lot of other debts due to a relationship breakdown and being seriously ill with depression. Once I started to get my self together I started a debt consolidation through a company to pay all my debts with one payment a month as I wanted to sort things out. This continued until I had my son in 2012 and I became unwell again. The company I dealt with agreed that I now had no means of paying my debt and nobody contacted me for a good 2 years. Since then i'very had 2 more children and send them an income and expenditure every so often which confirms I have no income to repay.
They have recently been back in touch and I sent them a statute barred letter believing that it had been over 6 years since I defaulted. They then removed it from my credit file. However they have now sent me court paperwork applying for a CCJ based on the fact I made those payments till 2012.
I have just gone back to work on a 0 hours contract doing an average of 6 hours a week and I have come very close to sorting my file out with either paying things or them coming off. What is the best way to deal with this? Can they put this debt back on my credit file? It's with Lower for £1500. Thanks in advance

jonesMUFCforever

I think they are correct.
It is not the date of default which is important but the last date you ''acknowledged'' the debt.
There are two ways I see you could have done this 1 by paying some money off or 2 by sending communication such as income and expenditure confirming you still owe the money.

Please go to the debt free wanabe forum - there are experts there who can help and I would speak to one of the free debt charities such as Stepchange.

Helenkc

Thank you for your reply. I may not have wrote what I meant correctly. I'm aware I owe the debt still but can they actually put it back onto my file after its been removed due to 6 years since the default?

john1002

They cannot put a new default on your file nor can they put the old one back, they can however try and secure a CCJ if the can prove the debt is not statue barred. If possible I'd try and come to an arrangement to pay to limit any impact on your credit file a CCJ might create.

If they try and put a new default or old one I'd complain using there complaint process and go to the ICO and the CRA and raise a dispute although expect months rather than weeks to resolve.

John

Helenkc

Thanks John that's what I was hoping. I've resent them my up to date income and expenditure and will dispute the CCJ on that basis. I can't see them being granted the CCJ as I have all proof of contact.
It's so upsetting that had I never attempted to repay the debt in the 1st place it would have been statute barred but I wanted to do the right thing

keithdc

The debt is not staute barred (otherwise anyone who took out a loan over more than six-years would just stop paying at six-years).

As such, the debtee can seek redress through the county court.

If the debtee wishes to seek redress through the county court, the fact that you are unable to repay will not affect the court's decision as to whether the debt is owed- it will just affect any repayment terms.

john1002

The best case is they accept your payment amount following on from the review of income and expenditure, it will cost them money to take you to court. If they don't accept and they issue court documents then come back on and we will help you from there.

Debt never goes away but in time it just come less enforceable.

John

molerat

john1002 wrote: »

................
Debt never goes away but in time it just come less enforceable.

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Except in Scotland