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Advice please

Hi,

I'm not 100% on the details but the situation is:

My mum and dad were in a bit of a mess years ago, they've done the hard slog and cleared it all and the CCJs have cleared and dropped off. :A
I'd set my mum and dad up a creditclub account each ( :T ) and on my dads there is a CCJ from 2014. As we got discussing it they've only recently had two letters (within the last three months) about the amount owed, even though the debt is pre 2009.
They're not quibbing about paying it, just frustrated about the date on the CCJ as it should of been from around 2009 or even earlier.
If my dad pays it in full now, it will be marked as 'satisfied' but does the clock start again from now? So it won't drop off till 2017 + 6 years, or does the original 2014 date stand and it will drop off in 2020?

Thanks

Comments

  • sourcrates
    sourcrates Posts: 31,806 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Sorry, creditclub account ????

    Also by CCJ, do you mean county court judgement or have you got mixed up and are talking about a default on his credit file ?
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Hi Natasha.rb

    A CCJ must drop off a credit file 6 years after the date it was made. That’s regardless of whether the debt is paid or not. But just to clarify, if the debt was not paid and the CCJ dropped off the credit file, the money would still be owed (it doesn’t get written off).

    If your dad would struggle to pay the full balance in one go, he could apply to the court to set up an affordable plan. That would mean the creditor would not be able to take action against your dad, such as bailiffs or a deduction from his wage, as long he stuck to the payment plan. You can find more on how to do this here https://www.nationaldebtline.org/EW/factsheets/Pages/varyingpaymentsonaccj/instalmentsonaccj.aspx.

    If as Sourcrates suggests, you may be getting confused between a default and a CCJ – a default is registered on a credit file by a creditor to show someone has fallen into arrears. This should usually be added once the arrears reach 3 to 6 month. Again the default remains for 6 years from the date it was registered, regardless of whether the debt has been paid.

    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • Sourcrates - Have I got creditclub wrong? Where you get free copies of your credit file, that's how I found out about the CCJ. Its on the MSE site under loans etc.

    Sourcrates/National debt- It's definitely a CCJ not a default. He does want to pay it off he was just concerned it would 'start the clock again.' He's not trying to get away from paying it. As I said they've done the hard slog paying all the other stuff, we think this has slipped through as it was done much later 2014.

    It was originally a Lloyds TSB credit card debt for £800 which Lowell have bought and the CCJ is for ~£1300 so does he have an option to make an offer or is it just pay the full £1300?

    Thanks for your replies :)
  • sourcrates
    sourcrates Posts: 31,806 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 16 August 2017 at 11:38AM
    Paying a CCJ won't start any clock.

    It will be on his credit file for 6 years paid or not.

    Lowell may be willing to do a deal, all he can do is ask them.

    Creditors can take legal action at any point once a debt has defaulted, and they can do so at any time for a period of six years from the date of your last payment.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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