What to do about old default

tommyedinburgh

I think you’ve hit the nail straight on the head. It’s your debt, time to pay it off now that your situation hasn’t been better as you alluded to. 

born_again

Carrot007 said:

born_again said:

Fighter1986 said:

born_again said:

Fighter1986 said:

The only time anything related to this debt would re-appear on your credit file is if Cabot obtained a CCJ against you, which you didn't defend, and didn't pay within 30 days.

Could they do that if it is passed the 6 year statute-barred limit?

If you haven't made payment to the account in the last six years then it is statute barred, and as long as you argue in response to their application to the court that the debt is statute barred, the court will be obliged to find in your favour and refuse the claimant their CCJ.

The six year statute barred timer commences from the last time you made payment towards the account or otherwise "accepted liability" for it. 

Thanks. I would have thought that it would be thrown out due to being statute barred by default.
Live & learn

How would they know unless someone said so. There is no national register of these things.

All court cases will get a default judgement if ignored.

You can argue they should at times do more to find the person if they have moved, since the credit agnecies seem to be able to link it enough to impact people after (although maybe 99% are never linked, who knows!). But other than that how could it be any other way?

As I said live & learn.

Wonder how close to the 6 years that the debt was sold on?

finalfantasist

born_again said:

Carrot007 said:

born_again said:

Fighter1986 said:

born_again said:

Fighter1986 said:

The only time anything related to this debt would re-appear on your credit file is if Cabot obtained a CCJ against you, which you didn't defend, and didn't pay within 30 days.

Could they do that if it is passed the 6 year statute-barred limit?

If you haven't made payment to the account in the last six years then it is statute barred, and as long as you argue in response to their application to the court that the debt is statute barred, the court will be obliged to find in your favour and refuse the claimant their CCJ.

The six year statute barred timer commences from the last time you made payment towards the account or otherwise "accepted liability" for it. 

Thanks. I would have thought that it would be thrown out due to being statute barred by default.
Live & learn

How would they know unless someone said so. There is no national register of these things.

All court cases will get a default judgement if ignored.

You can argue they should at times do more to find the person if they have moved, since the credit agnecies seem to be able to link it enough to impact people after (although maybe 99% are never linked, who knows!). But other than that how could it be any other way?

As I said live & learn.

Wonder how close to the 6 years that the debt was sold on?

Many high street lenders sell bad debts on surprisingly quickly, so it may not even have been a year past the default date before a DCA bought it.

Even then, some DCAs specialise in trying to recover statute-barred debts so a debt being statute-barred, or close to it, is not necessarily a barrier to someone buying it to try and collect it and make a few quid.