Letter regarding old debt from out of the blue.

greyroofer

Just pay it.

Then it is gone forever.

sourcrates

baldelectrician wrote: »

If a CCJ is paid within a month of decree it does not appear on a credit file
http://www.trustonline.org.uk/understand-judgments-fines/ccjs-and-county-courts/ccjs-what-are-they


Staying off the register

Nearly all CCJs go on the register:

• Paying within a month The CCJ will be removed from the register if you pay in full within one month of the day of the judgment.
• Satisfied vs unsatisfied If you pay the CCJ after this, it stays on the register but it will be recorded as 'satisfied' (see Certificate of satisfaction). If you don't pay it, it's shown as unsatisfied.
• CCJ removal The only way to remove a CCJ is to ask the court to set aside the judgment because you have a genuine reason to dispute it.

And your point was .......?

ALIBOBSY

There is some incorrect advice on this thread, statute barred means just that. UNLESS they commence court action before the 6 years is up then they cannot take it to court.

If they try it is a legitimate defence to the court that the matter is statute barred, the only way they could get a CCJ after the 6 years is if the matter wasn't contested. In this case it is highly unlikely the lender or the debt collector would take such a small amount to court anyway.

Simply wait for a debt collector letter and use the dispute/statute barred letter.

However all that said if you are a worrier and aren't short of cash then it maybe a small price to pay for peace of mind. Me I would leave it, but only the OP can make the choice.

Ali x

Marktheshark

What you should do is respond and ask for proof of claim.

A simple letter stating they have made a claim for money they believed to be owed but failed to provide any evidence the money is owed.
You are unable to respond until they can substantiate the claim with evidence.
Until evidence and proof of claim is made the matter is in dispute and legal notice is served of a dispute for purposes of the private record of the parties.

You require them to provide proof of this claim within 14 days.


They should not sell any deed of debt that is in legal dispute.

sourcrates

ALIBOBSY wrote: »

There is some incorrect advice on this thread, statute barred means just that. UNLESS they commence court action before the 6 years is up then they cannot take it to court.

Thats incorrect, sorry, a creditor can start court action on any legitimate debt they wish, no matter how old it may be, or its status.

The court, and sometimes even the creditor, will not always know the debt is statute barred, so its up to the defendant to inform the creditor they believe the debt is statute barred, and then to defend on that basis.

Although this usually happens in the preliminary contact a DCA would have with the debtor, the debtor would inform the DCA the account was statute barred, and that should be the end of it.

But some DCA`s push these things to the limits, even going as far as court action, and If you ignore it, the creditor will gain judgement by default.

Many people have fallen into this trap after receiving claim forms for debts they believed to be statute barred, and ignored them, thinking misguidedly the court would be in the know as to the debts status, then been surprised when they received a judgement in default against them.

Once judgement is granted, the only way to get the CCJ removed is to apply to have the judgement set aside, on the basis the account was statute barred, which will cost you £255,00 for the pleasure.

baldelectrician

sourcrates wrote: »

And your point was .......?

My point is that in the worst case scenario (the creditor getting a CCJ after having proved the debt was not statute barred) all the OP has to do it pay the court awarded debt within a month and the debt is not on his / her credit file.


Best case- they send a SB letter and things stop