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Unknown CCJ just under 6 years old

ScarletCraigy
Posts: 8 Forumite

Hi All
I’m new to the forums and can’t find an answer to my question in full so am hoping for some advice.
After leaving my husband around 9 years ago I’ve been living with my children in rented accommodation and have moved quite a lot to get away from the ex for numerous reasons.
About a year ago i applied for a job and was turned down due to an undeclared ccj. I was confused as I had at that time been paying £14.99 a month to Experian and there was no record on my account. I found the information from the potential employer and I had a CCJ at Northampton Bulk Center for an unrecognised amount. I contacted them and they told me it was a NewDay account who at the time I had never heard of! I contacted NewDay who had no record of me at any of my addresses including the address the CCJ was alledgedly served some 2 years after I moved!
The CCJ still shows in my report and is dated 10/05/2012.
At the time I did have some credit card debt (not NewDay) who I informed of each change of address and made small payments to when I could afford it. I have no other defaults on my account I check Noddle, ClearScore and Credit club monthly and the CCJ only shows on Noddle!
I can’t admit or deny a debt that even the company who issued the CCJ can’t find information on. I have received no correspondence regarding it. Will this come under statute barred in the next week as I can’t afford the costs to try and have it removed from my report?
Thanks
I’m new to the forums and can’t find an answer to my question in full so am hoping for some advice.
After leaving my husband around 9 years ago I’ve been living with my children in rented accommodation and have moved quite a lot to get away from the ex for numerous reasons.
About a year ago i applied for a job and was turned down due to an undeclared ccj. I was confused as I had at that time been paying £14.99 a month to Experian and there was no record on my account. I found the information from the potential employer and I had a CCJ at Northampton Bulk Center for an unrecognised amount. I contacted them and they told me it was a NewDay account who at the time I had never heard of! I contacted NewDay who had no record of me at any of my addresses including the address the CCJ was alledgedly served some 2 years after I moved!
The CCJ still shows in my report and is dated 10/05/2012.
At the time I did have some credit card debt (not NewDay) who I informed of each change of address and made small payments to when I could afford it. I have no other defaults on my account I check Noddle, ClearScore and Credit club monthly and the CCJ only shows on Noddle!
I can’t admit or deny a debt that even the company who issued the CCJ can’t find information on. I have received no correspondence regarding it. Will this come under statute barred in the next week as I can’t afford the costs to try and have it removed from my report?
Thanks
0
Comments
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Yes - it will come off your record after 6 years elapse since it went on
It may take another month to get removed from your credit files0 -
Thank you!0
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Stop paying £14.99 pm, all your credit reports are available free.0
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Hi Jim
Yes I found that out pretty quickly and stopped paying straight away
Thanks0 -
Hi ScarletCraigy and welcome to MSE,
I would just like to clarify that whilst the CCJ will come off your file within the next month, as it will have been 6 years since the judgement date, the debt will not actually be statute barred.
Statute barred refers to when a debt is too old to be chased through the county court system because there has been more than 6 years since the debt fell due, and there have been no payments or written acknowledgements in that time. I appreciate you haven't made any payments or written acknowledgements to this, however, in this case, the creditor has already taken court action, so this cannot apply.
There is a caveat though, that if a CCJ hasn't been enforced within 6 years of the judgement, the creditor would need special permission to enforce the debt, which is at the courts discretion. As the creditor is saying they have no record of you, and it hasn't been enforced in 6 years there is no reason to think they would do this all of a sudden now. However, if the debt was sold/ passed on then there is a risk another company may try and chase it.
I would suggest you take note of the details of the judgement, and you can consider making a complaint to NewDay regarding this. Ask them for something in writing to confirm they have no details of you, cannot explain why they have a CCJ, will not try and pursue the matter and they won't sell it on to any other organisation who may try and pursue it. Whilst this isn't legally binding, it may be worth trying to get.
Laura
@natdebtlineWe 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 Steps0 -
Thanks Laura
This was what was confusing me as I had seen that they could reactivate a CCJ! I tried this with NewDay when I contacted them, at that point I would have been happy to enter into a payment plan to remove it from my record but they couldn’t give me any information. I asked for that in writing but they refused saying I would have to write to them acknowledging the debt and asking them to investigate. As I couldn’t acknowledge a debt I was unsure was mine I didn’t do this and have heard nothing since0
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