Old debts popping up

Md4567

I realise there is a lot of posts but hope it's ok to post this: I got into a lot of financial issues years ago (I'd estimate it's been 12 years or so since I had to stop paying debts) recently I've started receiving DCA letters regarding them - they dropped off credit reports years ago and I don't see any ccj's. 

I need to send the SB letter etc but if they had started ccj proceedings at some point, would they offer a discount for payment now or just go with ccj? 

Unfortunately my financial situation is pretty bad again now due to some recent events so this is causing me a lot of worry.

I've started looking into dmp/iva and while it looks to be the way forward, I rent and have no family to fall back on should I be unable to arrange a new tenancy when the time comes to move . Does anyone have any recent experience of getting a tenancy while on dmp/iva? Search results give very mixed answers

Thank you 

sourcrates

From what you say these debts are very old, and long past limitation.

Even if legal action had been taken at some point, more than 6 years will have elapsed since then, which means any CCJ is now unenforceable, and there will not be any record of either any judgement or any of these debts on your credit file.

Anyone who writes to you chasing these accounts, just send the statute barred letter to them, and that should be that.

No need to do anything else, no DMP/IVA you don`t need to pay them, nor should you worry about it.

Md4567

Thank you for that, I've had a 
Think back and I believe it was late 2008/early 2009 when things went wrong and payments would have stopped

I've been doing a lot of reading online (probably not the best idea as it's stressed me out even more!) And saw somewhere that if a ccj was applied for, regardless of how long ago, the debt (s) would never be SB, is that correct? 

Md4567

Thank you for that, I've had a 
Think back and I believe it was late 2008/early 2009 when things went wrong and payments would have stopped

I've been doing a lot of reading online (probably not the best idea as it's stressed me out even more!) And saw somewhere that if a ccj was applied for, regardless of how long ago, the debt (s) would never be SB, is that correct? 

sourcrates

CCJ`s do not go statute barred, that is correct, they are not covered by the limitation act.

However, there is legislation that states creditors have 6 years in which to enforce a CCJ, otherwise they will need permission of the court to enforce any judgement over 6 years old.

That permission must be applied for before the initial 6 years have expired, and, if granted, would not be valid indefinitely, an extra year at the most.

Judgements remain on file for 6 years, and are then deleted, so no records will exist of a judgement older than 6 years.

You cannot enforce something that does not exist.

So to clarify, any of your debts subject to legal action more than 6 years ago, will now be unenforceable.

Any debts not subject to legal action, will be time barred by statute, statute barred, so you have a written response to anyone that comes looking for money.

fatbelly

We're also recently finding that the County Court Bulk Centre (which nearly all creditors us cos it's cheaper) do not have records for more than a few years ago. So even if they did get a ccj or start a claim, or pretend that they did, you just get the reference from them and ask the court for the details. The court will usually say that they have no record of it. So that's the end of it.

Md4567

Thank you both, that makes me feel a little better 😊

Md4567

This is what I have read in various places and concerns me though (from stepchange)

"If the creditor has already started action to obtain a court judgment or order before the limitation period passed the debt can never become statute-barred"

sourcrates

Md4567 said:

This is what I have read in various places and concerns me though (from stepchange)

"If the creditor has already started action to obtain a court judgment or order before the limitation period passed the debt can never become statute-barred"

"statute barred" and "unenforceable" are two very separate issues, you are confusing the two.

STATUTE BARRED- LIMITATION ACT 1980

In basic terms, section 5, of the limitation act says a creditor has 6 years to enforce their rights in court from the "cause of action" date, which is typically regarded as the date of default, once those 6 years expire, this is commonly referred too as the debt becoming "statute barred".

Once legal action has been taken though, the debt can no longer go statute barred, as the limitation act no longer applies, legal action removes that possibility.

UNENFORCEABLE DUE TO EXPIRATION OF JUDGEMENT AFTER 6 YEARS

Once a CCJ (County court judgement) has been granted, as I said previously, as a judgement is only the 1st step in legal terms, ,creditors have 6 years to further enforce their rights through the court, if they do not do that, nor seek permission for an extension within those 6 years, the debt pertaining to that CCJ becomes unenforceable, due to time running out to enforce it.

Nothing whatsoever to do with the limitation act, or becoming statute barred, these are two very separate pieces of legislation.

I hope that explains these issues more clearly, you must read things carefully, the legislation uses similar terms but describes completely different things.

Your debts are far too old and any CCJ`s will be long since expired, so you are worrying over nothing here.

fatbelly

Yes that' s true, but only half the story. Anyone (you against me if i owed you money) has six years to start a claim from what is called the cause of action. After this, the debt is unenforceable, i.e. Statute barred.

If the claimant starts a claim in that period, then they've complied with that Act. They then are expected to see the process through and, if they win, the court gives them six years to enforce the judgement.

However, see my post above. If they just sit on the ccj they risk the courts being completely unable to help them. What they are left with then is an extremely old debt that again can' t be enforced

Md4567

Today I received a letter from resolve call regarding the above, saying if I don't contact them within 7 days they will send someone to visit me - is it ok to email the SB letter (not using my main email account) or should it only be posted?