Old Bankruptcy - when to CCJ, still being hounded 14 years later

Hi, 

I declared BR and sent notice to all the companies back in 2009. I got very little feedback from all the companies at the time (Northern Rock for example). 

I noticed at the time some of the debts ended as a CCJ but ignored it all at the time.

2/3 years ago I was credit-checked and a company is sending letters and people to the door. All of which I've ignored and no further updates on my credit file have occurred.

From what I understand/read (hoping people could help)


  • If I don't respond theey can chase forever

Comments

  • Sorry clicked enter before finishing

    • If I contact them I could restart the debt
    • A CCJ cannot be solved with a statutory debt letter
    I'm really looking to get clarity on what I can do safely without risk of the debt becoming live again.

    Thanks
    MD
  • sourcrates
    sourcrates Posts: 28,548
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    edited 23 October 2023 at 5:48PM
    All debts prior to the date of your bankruptcy (with a few exceptions) are included in it.

    For any debt which may have had a CCJ attached, that judgement is automatically annulled, and cannot ever be enforced, however there is no way to mark this on a credit file, so it would have just dropped off naturally after the six years were up.

    You went bankrupt, the debts can never be "live" again, you have no further liability for any of them.

    The bankruptcy process rids you of liability for all your debts, permanently, hence why you chose bankruptcy I expect, so I`m unsure what you mean about "re-starting a debt" ?

    And I think you are referring to a "statutory demand", which is a prelude to making you bankrupt, which you have already been through, so that cannot apply either.

    Hopefully you have kept proof of your bankruptcy, a simple letter stating the debt they are chasing vested in your bankruptcy, therefore your liability for this debt ended on (insert discharge date) and provide them with your bankruptcy reference number, doing that should stop collection activity.
    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 [email protected]. 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
  • fatbelly
    fatbelly Posts: 20,240
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    It's a small list of debts that can be pursued after bankruptcy:

    Secured debts
    Fraudulent debts
    Criminal fines
    Child maintenance arrears
    Most student loans
    Tv licence arrears
  • Thanks, I still have the bankruptcy letter. I had read stories where people had contacted the creditor and this had made the debt live again. 

    I had seen people sending special letters to the creditors after the 6 year period to prevent further debt chasing * wondered if I had to do this.

    As I'm ready to apply for a mortgage again it's particularly stressful knowing whether to contact the debt company for fear of restarting the clock on the debt.

    Appreciate the advice here - is there a way to get legal advice to cover this should it get challenging with the crediot?
  • fatbelly
    fatbelly Posts: 20,240
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    There's no clock. All the debts that existed at your bankruptcy date were covered by the bankruptcy. You don-t need to pay for legal advice here.
  • sourcrates
    sourcrates Posts: 28,548
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    Bankruptcy debts (other than those listed by fatbelly) cannot ever become live again.

    It should not be stressful at all, there is no 6 year period, no special letter, no legal advise needed, and certainly no clock in your case.

    Your bankruptcy dealt with your debts as it was supposed to do, surely you must understand the bankruptcy process, you entered into removes your liability completely.

    Do as I advised previously -

    "Hopefully you have kept proof of your bankruptcy, a simple letter stating the debt they are chasing vested in your bankruptcy, therefore your liability for this debt ended on (insert discharge date) and provide them with your bankruptcy reference number, doing that should stop collection activity".
    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 [email protected]. 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
  • Thanks all.
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