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Bankruptcy questions

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  • Sam2022
    Sam2022 Posts: 79 Forumite
    Third Anniversary 10 Posts
    Thanks guys for the information, like I said its taken a while for me to come round to the logical way of thinking and consider letting time take its course.  It is frightening to think all these debt collectors might decend on you.  Bankruptcy seemed like the easy way out of it all to get a clean start.  Especially when I have some serious health issues going on as well, which wears me down.

    I hadn't realised I was the 3 year point on some of my debts already, it was a shock.  At the same time I'm only half way to having the money to pay for bankruptcy.  So I'm thinking I may as well just carry on saving up the br fee, that way I could always do it if things get too bad with creditors.

    When does the 6 year for statute barred start from?  Is it when you miss payments or the default date?  Or the CCJ date as I currently have 3 of those.
  • fatbelly
    fatbelly Posts: 22,835 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    If you have a ccj then statute barring does not apply as it refers to whether the creditor is out of time to start a court claim. However there is a separate rule that gives them 6 years to enforce the ccj.

    The courts have decided that the clock starts ticking at the default date for Consumer Credit Act debts. You can then restart it by acknowledging the debt by payment or in writing. But once it hits 6years it is statute barred and stays that way
  • Sam2022
    Sam2022 Posts: 79 Forumite
    Third Anniversary 10 Posts
    Thanks fatbelly, I will make myself a list and see where I am with everything.
    So with the CCJ's, one company has gone for the WOC for 2 CCJ's.  I understand that the WOC is valid for 12 months from the date issued.  So the 6 year clock starts from then assuming they take no action??
  • fatbelly
    fatbelly Posts: 22,835 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    They have 6 years to enforce a ccj fromvthe date of judgement

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