CCJ 44 months old

Scunner76

Hi,
I've googled and read a few threads but can't seem to find an answer to my particular situation.
I'm hoping someone can help? I was made redundant back in 2009 and couldn't find proper full time steady work til late 2011.
I had 3 credit cards in 2009, and to cut a long story short I didn't pay them and the main one with a 5k balance from MBNA ended up being put in the hands of a debt recovery company. I ignored the numerous letters from this company and have been working in Scotland since late 2012. I've still got my property in England which I rent out. I rent a house in Scotland and I'm on the electoral register. I am now looking to buy something in Scotland and have just checked my credit file and have noticed a CCJ for 5k which was raised 44 months ago. I did not know this had happened.
I did bury my head in the sand after being made redundant, and I lived on my redundancy and managed to pay my mortgage but just couldn't afford to pay the cards, I got depressed and just couldn't face talking to the company who took over recovering this debt.
I am still not earning what I did back in 2008 and although I've been in work I have not had spare money to look at paying off the card debt.
My question is this - would it be better to wait the 6yrs for this CCJ to be wiped from my file?
Or should I use some of the equity in my house sale to settle the debt ?
If I did wait the 6yrs would the debt recovery people still have rights to try and collect the money , bearing in mind I never replied to letters or informed them I was moving away ?
Hoping someone can help?
Thanks, Scunner

[Deleted User]

The debt will never be unenforceable, so best to settle it sooner rather than later.

Scunner76

Hi, I did read that in another thread, but then somebody else said that they would have to go back to the court and explain why they didn't enforce the debt within a reasonable time (6 yrs)

[Deleted User]

As you haven't given them your new address, that will probably be their answer.

fatbelly

Scunner76 wrote: »

Hi, I did read that in another thread, but then somebody else said that they would have to go back to the court and explain why they didn't enforce the debt within a reasonable time (6 yrs)

That is true, but you are a long way away from having that discussion.

In the meantime you have a ccj on file and that will cause issues for your mortgage application. A settled ccj is better than an unsettled one but not much.

Your options are:

1. Get in touch with the present owner of the debt and pay in full.

2. Get in touch with the present owner of the debt and negotiate a full & final settlement deal.

3. Wait for them to get in touch, which they should now that you have linked the two addresses on your file.

Scunner76

Hi,

Zx81 that's what I thought they'd say - you didn't inform us of your new address and you didn't answer any correspondence. Would the responsibility to be on them though to trace me and try to enforce the CCJ ?

Fatbelly, I have details of the case ref for the county court judgement but I've moved house several times in Scotland and I can't find the old paperwork. Would you know how I could find out who I owe this money to ?

Also what do you think they would consider to be a full and final settlement ? I realise the debt is owed but I'd rather give them as small a percentage of the 5k as possible.

Thanks, Scunner76

Scunner76

Sorry just to clarify - I can't find the old debt recovery paperwork. I never received the CCJ paperwork, probably because I'd been up in Scotland 3 yrs by then and my tennant in Oldham would have returned the letter to Post Office in all probability.

[Deleted User]

Scunner76 wrote: »

Would the responsibility to be on them though to trace me and try to enforce the CCJ ?

They'll be doing their best, but there's normally a lot of people with the same name.

But the responsibility to tell them you had moved was yours.

twhitehousescat

can an english court award a CCJ to a resident of scotland

on fact can county court forms be issued to a scottish resident (pays scottish c/tax) by an english court ?

fatbelly

twhitehousescat wrote: »

can an english court award a CCJ to a resident of scotland

on fact can county court forms be issued to a scottish resident (pays scottish c/tax) by an english court ?

It was definitely defendable on the grounds of wrong jurisdiction.

OP - if you check the court reference with the original court they will tell you who took out the judgement against you. That is as near as you will get to who owns it now.

twhitehousescat

as there is a large amount here , 5K? , perhaps waiting till very close to 5yrs (scotland 60 mths) then hitting them with wrong jurisdiction , clever timing must be use to ensure they cannot start again in scotland