Does a CCJ Reset 6 Year Timer?

OBIWAN

Hi all, thanks in advance for any help.
I had a Barclays credit card that was defaulted in May 2013, so the default should have dropped off my file, but I checked today and the debt recovery company took over the account registered a default as December 2014, so it still has 18 months to run.

I was going to write to them and ask them to correct the record but then realised that they had obtained summary judgment in 2017.
This judgment hasnt appeared on my credit file, so am I poking the hornets nest if i write to them about the default correction?
Im worried that they might then register the CCJ and set the 6 year clock from 2017.

any help greatly appreciated.
tks!

Quentin

If by summary judgement you mean a "default" judgement then it would automatically have been registered by the court not the claimant

You can find out if a ccj has been registered against you yourself without contacting the claimant

Go to the trustonline website and enquire there (£6 fee involved)

DCFC79

OBIWAN wrote: »

Hi all, thanks in advance for any help.
I had a Barclays credit card that was defaulted in May 2013, so the default should have dropped off my file, but I checked today and the debt recovery company took over the account registered a default as December 2014, so it still has 18 months to run.

I was going to write to them and ask them to correct the record but then realised that they had obtained summary judgment in 2017.
This judgment hasnt appeared on my credit file, so am I poking the hornets nest if i write to them about the default correction?
Im worried that they might then register the CCJ and set the 6 year clock from 2017.

any help greatly appreciated.
tks!

There are 2 other agencies you could check though as not everyone will use all 3, some will just use 1 or a combination of 2.

OBIWAN

Quentin wrote: »

If by summary judgement you mean a "default" judgement then it would automatically have been registered by the court not the claimant

You can find out if a ccj has been registered against you yourself without contacting the claimant

Go to the trustonline website and enquire there (£6 fee involved)

Hi Quentin, tks for the reply. Well, I've just checked TrustOnline and it isnt registered! There's also one that I had no idea about which has it's 6 year birthday in 3 months. Very weird. Could it be a court error?

OBIWAN

DCFC79 wrote: »

There are 2 other agencies you could check though as not everyone will use all 3, some will just use 1 or a combination of 2.

Tks for the reply DCFC79. I've checked with all 3 of them and theyre all the same. Also just checked TrustOnline as per Quentins advice and not there either.

Quentin

On

OBIWAN wrote: »

Hi Quentin, tks for the reply. Well, I've just checked TrustOnline and it isnt registered! There's also one that I had no idea about which has it's 6 year birthday in 3 months. Very weird. Could it be a court error?

Unlikely to be an error

But if that one has only 3 months to go till it's 6 years old maybe best to let sleeping dogs lie

Though strange you don't see it on your free Experian type files

sourcrates

Hi,
The default will drop off your file after six years regardless, legal action has no effect on changing the default date, it just removes the ability for the account to go statute barred, so you can forget the 6 year limit if that is the case.

How do you know they obtained judgement against you, is it in a letter, email ??

You say the debt was a credit card, so should appear in the register of judgements, unless it was obtained more than 6 years ago, in which case it would have now been removed.

OBIWAN

sourcrates wrote: »

How do you know they obtained judgement against you, is it in a letter, email ??

You say the debt was a credit card, so should appear in the register of judgements, unless it was obtained more than 6 years ago, in which case it would have now been removed.

In 2018 the DCA obtained a judgment by applying for summary judgment without a hearing ( they claimed i had no defence). I applied to have the judgment set aside but this was thrown out - i was a litigant in person and the judge was if the notion that i was trying to avoid meeting my financial obligations.

It seems somewhere along the line there gas been an error of some sort.

sourcrates

Ah 2018, ok, so fairly recently, its not unheard of for this to happen, i`ve seen it once before, are you paying this account at all ?

Disputing the default date may not be in your best interests right now, it sort of leaves you in Limbo a little bit this situation, dosent it.

molerat

It looks like your options are :

To overlook their wrongdoing on the default date and wait it out until Dec 2020
or
Risk poking a hornets nest by getting them to correct the default date which would remove it from your file but carries the risk of them looking into the missing CCJ which would then be on your file until 2024.

OBIWAN

sourcrates wrote: »

Ah 2018, ok, so fairly recently, its not unheard of for this to happen, i`ve seen it once before, are you paying this account at all ?.

No payments at all.