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Over 10 years old debts, Defaults have come off my credit file, can I still get CCJ.

chfaisal82
Posts: 3 Newbie

I had 3-4 defaults since 2014, they have come off my credit files, original debt was sold to Cabot and Link Financial. I agreed a payment plan in 2014, then those debt were reported as defaults, I kept paying £1 for each to Cabot and Link Financial until couple of months ago. All defaults came off my credit report 2 years ago, now I stopped making my £1 monthly payments, both Cabot and link financial have sold debt to another debt collectors, they called me threatened me to get CCJ against me, I told these debts are time barred, they said although these reported as defaults but they are not time barred because I was in payment plan with debt cancellation agencies and i can still get CCJ on my file.
can anyone help and explain please?
can anyone help and explain please?
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Comments
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If you have been making payments then technically yes they could still try for a CCJ but let's be honest they could try for a CCJ even if you wasn't on the hope some won't defend it.
some people will be along to offer more help who have more knowledge but from what I know if you've been making payments it isn't time barred has to be 6 years of non payment and not confirming the debt is yours.
you could send a prove it letter on the hope they don't have the correct paperwork again others will tell you best course of action.£2820/£4000 0% 24 months pay £150 HSBC
£2,100/£3000 0% 27 months pay £150 M&S
£3,050/£4000 0% 27 months pay £150 HALI
£2,200/£7250 0% 14 months pay £60 RBS
£990/£2000 28% Zable closed £60
mortgage £22,000/£89,000 2 years left1 -
You have been paying the debts so they are not time barred.
For them to be statute barred, there must have been a period of at least 6 years with no payment or written acknowledgement by you, two months is not 6 years is it.
Cabot and PRA are debt purchasing companies, they will likely just have farmed your debts out to management by a 3rd party DCA, they won`t have sold them on.
Yes legal action is a possibility is you continue to ignore them, the debts are still live and collectable.
Have you sent CCA requests to test their enforceability? if not that should be your next move here.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-letter1 -
You don't say what the debts were but I agree with sourcrates about the cca requests IF they are Consumer Credit Act debts like loan, credit card or catalogue NOT mobile phone, overdraft, utility.
Your case shows why a token offer plan is not a good long-term strategy1 -
fatbelly said:You don't say what the debts were but I agree with sourcrates about the cca requests IF they are Consumer Credit Act debts like loan, credit card or catalogue NOT mobile phone, overdraft, utility.
Your case shows why a token offer plan is not a good long-term strategy0 -
Because if they can't prove they have the CCA agreement then they can't enforce the debt while they can still pursue you for the debt through letters or what ever there method might be they can't take enforcement attack ie obtain a CCJ
i believe£2820/£4000 0% 24 months pay £150 HSBC
£2,100/£3000 0% 27 months pay £150 M&S
£3,050/£4000 0% 27 months pay £150 HALI
£2,200/£7250 0% 14 months pay £60 RBS
£990/£2000 28% Zable closed £60
mortgage £22,000/£89,000 2 years left1 -
If you look around some threads on here you will find that many debt buyers cannot produce a copy of the original agreement.
It then becomes unenforceable and you can stop paying1 -
The confusion arises from the two different 6-year timers in play here. The first is the 6-years that accounts appear on your credit file. The second is the 6-year statute of limitations for pursuing the debt. Just because the debt has fallen off your credit file, that by itself doesn't automatically make it statute-barred. Indeed, because you have been acknowledging it through regular payments, they would be within their rights to start enforcement action if you stopped paying.
But as above just because they can start the process doesn't mean they will be successful. The above advice is useful as that will be your defense if they try to take you to court to obtain a CCJ for non-payment. Failing that, asking for a full and final settlement figure might be the easiest way to get them off your back.1
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