An old CCJ and Lowell with a newer default

dansDebt

Hello, my story is like many others here - was well employed, married, nice house, and a nice car. Lost my job, wife, and then my house in the crash @ 2009.
I had so much debt and I lived under a rock and had to receive job seekers for the first time in my 40 years of life.
Years swung by - I got bored, went to school and got back on my feet.
Now 9 years after all that I again have a decent job and a new partner.
I know I neglected my debt and I still wouldnt be able to pay it but I picked myself up and want to move on after many bad decisions. As the debt is pretty old I hoped for statute barred and pan on never taking out any debt again.
My reason for being here: I want to rent somewhere nice, I live in a council house and my applications keep failing even though I can afford the rent.
The report:
My mortgage doesnt show anymore. It was 8+ years ago so its dropped off my report and I know its still there but I dont think its bothering my report.
I had 2 CCJs issued in 2010 and they no longer are on my report.
I do have 2 Lowell debts that are updated every month to show default on the above CCJs.
These are dated as defaulted on March 2012.
This doesnt seem right to me.

National_Debtline

Hi dansDebt

Welcome to MSE. Are you sure the Lowell debts relate to the CCJs you had? If so the defaults should have been registered prior to the date of the CCJ. You can raise that with Lowell but bear in mind that may prompt them in to pursuing you for the debt.

A debt will drop off your credit file 6 years after the date of the default. And a CCJ will drop off 6 years after it was registered. Your other option is to wait for the debts to drop off of their own accord in March 2018.

Susie
@natdebtline

dansDebt

The amounts are similar - one is an an increase of just under 1k and the other an increase of just under 500 pounds.
They are stated to relating to an HP agreement that were taken out at the right times I bought the cars.
I have registered on electoral role as I was told that was hindering my chances of renting but now Ive started receiving letters stating they are going to contact my employer for an attachment of earnings.
My worry is that they contact my employer and that they keep updating my credit report as defaulted on a monthly payment for the last 4 years!

National_Debtline

Hi again dansDebt

Whilst you have CCJs that are not being paid there is a risk of enforcement action, most likely bailiffs or an attachment of earnings order (AEO). You would be asked to fill in court forms prior to the AEO being made, or your employed being contacted. If you apply to the court to set up payment plans on the CCJs it will avoid the risk of this type of enforcement. You can find the process explained here https://www.nationaldebtline.org/EW/factsheets/Pages/countycourtattachmentofearningsorders/attachmentofearningsorders.aspx. Alternatively you may choose to wait and see if enforcement action is taken.

With regards to the default, it’s only registered once on a debt, and 6 years later the debt and default will drop off your credit file. The credit file will show the debt in default each month until it’s time for the debt to be removed. If the default was added in 2012, the debt is going to drop off in 2018.

You may want to seek more detailed advice on your options from one of the free debt advice charities. I hope it all goes well.

Susie
@natdebtline

dansDebt

Thanks, for that.
Maybe I should wait until next spring before I plan on moving house.

Sorry to contunue the thread even though you've answered my questions so well:
Can they still enforce a CCJ that is so old?
I got the CCJ in early 2010 so at the moment they are 7.5 years old.

sourcrates

dansDebt wrote: »

Thanks, for that.
Maybe I should wait until next spring before I plan on moving house.

Sorry to contunue the thread even though you've answered my questions so well:
Can they still enforce a CCJ that is so old?
I got the CCJ in early 2010 so at the moment they are 7.5 years old.

For a CCJ over 6 years old to be enforced, the claimant would need to go back to court and seek permission to do so.

It would depend on the circumstances as to weather that was granted or not, if you have been actively avoiding the claimant all this time, the court is likely to agree to the request, on the other hand if they haven't bothered to attempt enforcement in that time frame, the court would ask why not, as they have had sufficient time in which to do so, and may not grant there request.