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CCJs and Old Debt

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Afternoon all, hopefully someone can offer some advice / guidance on this as I am caught in a bit of a procedural and moral quandry.

Some years ago I got into debt (not huge but significant) which was linked to a relationship break up where all our finances were in my name but with no acknowledgement on her part that she had any responsibility to repay. I similarly didn't take responsibility at the time and now paying (or not) the consequences.

I have 3 CCJs - the debts with 2 are now settled and I am in the process of obtaining the relevant certificates. The final one relates to a Barclaycard debt and this is where the issue is:
CCJ was issued in June 2016 for £4500 ish - I ignored it, have made no contact and have made no payment towards it.
Barclaycard clearly have sold on the debt and it has now gone to another collector - my credit file shows the following:
 - Started Feb 2011
 - Current balance £4400 ish
 - Default date Oct 2015

So my questions are:
 - My understanding is that the debt will be removed from the credit report (but still be enforceable) from October this year (6 years from default date); is this right?
 - The CCJ will be removed from the file in June 2022 (6 years from issue).
 - As the debt has been transferred after the CCJ was issued, am I able to claim it is "statute barred" at any time from October this year (6 years after default)? This would be on the basis that the debt has changed hands so many times that the original CCJ was not taken out on behalf of the current collector - therefore they may not be able to evidence that he appropriate action was taken out in time.
 - Can the current collections agency apply to extend / reissue the CCJ?
 - If I "sweat it out" until June 2022, will I effectively be left with no related record on credit file, but an enforceable debt that will linger?
 - If I negotiate a "settlement" with the collections agency at any time between now and June 2022, is there any benefit? Does it make financial sense?

lots of questions and this is one that I am struggling to balance the moral and the practical.

Comments

  • sourcrates
    sourcrates Posts: 31,510 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 21 July 2021 at 6:11PM
    Once legal action has been taken, the limitation act no longer applies to your debt, so it will never now be statute barred.

    Debts are bought and sold all the time, any new owner is bound by the original terms of the agreement just as you would be.

    You cannot extend, nor re-issue a CCJ, after 6 years a creditor would need to seek the courts permission to further enforce the judgement, the court could say 6 years is time enough, or they could agree with the claimant, it will be down to the circumstances of the case, just to add, its quite rare for a debt purchasing company to do this due to the extra cost/time factors involved.

    In most cases the debt will linger, unsatisfied, it depends how much effort the collector wants to put into it.

    Settlement is of course up to you, again, its down to how aggressively they chase the debt, if at all.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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