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  • FIRST POST
    • Sholloway123
    • By Sholloway123 14th Mar 18, 6:05 PM
    • 7Posts
    • 0Thanks
    Sholloway123
    Credit Card debt / CCJ
    • #1
    • 14th Mar 18, 6:05 PM
    Credit Card debt / CCJ 14th Mar 18 at 6:05 PM
    I have a ccj against my name registered in court in 2015, but with a little digging Ive found out the debt is a credit card from 2006! How can it still be hanging over me. The ccj will not clear until 2021, some 15 years after the original debt!!! Surely this isnt right however Im unsure over the legal side of this. can someone help?
Page 1
    • zx81
    • By zx81 14th Mar 18, 6:07 PM
    • 16,794 Posts
    • 17,805 Thanks
    zx81
    • #2
    • 14th Mar 18, 6:07 PM
    • #2
    • 14th Mar 18, 6:07 PM
    It surely could be, depending on acknowledgement of the debt and default dates.

    What's the story?
    • Sholloway123
    • By Sholloway123 14th Mar 18, 6:12 PM
    • 7 Posts
    • 0 Thanks
    Sholloway123
    • #3
    • 14th Mar 18, 6:12 PM
    • #3
    • 14th Mar 18, 6:12 PM
    Well I recently done a credit report and thats where I first noticed the ccj. Im currently trying to get a mortgage. I acknowledge the debt is mine, from when I was younger and careless and in no position to pay. I am willing to pay now however. In all honesty I completely forgot about the debt as I never received any correspondence over it. I know that ccjs clear after 6 years but as for a debt from 2006, it seems legally questionable that this was passed on to another debt agency in 2013, brought to county court in 2015 and will be on my record til 2021!
    • molerat
    • By molerat 14th Mar 18, 6:13 PM
    • 18,563 Posts
    • 12,720 Thanks
    molerat
    • #4
    • 14th Mar 18, 6:13 PM
    • #4
    • 14th Mar 18, 6:13 PM
    The debt does not just disappear if you ignore it but it is not enforceable in court if not acknowledged for 6 years. You would, if the debt had not been acknowledged for 6 years, probably have successfully defended it in court. The only option you have now is to pay for a set aside
    www.helpforheroes.org.uk/donations.html
    • Sholloway123
    • By Sholloway123 14th Mar 18, 6:14 PM
    • 7 Posts
    • 0 Thanks
    Sholloway123
    • #5
    • 14th Mar 18, 6:14 PM
    • #5
    • 14th Mar 18, 6:14 PM
    What do you mean by default dates? Sorry
    • zx81
    • By zx81 14th Mar 18, 6:17 PM
    • 16,794 Posts
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    zx81
    • #6
    • 14th Mar 18, 6:17 PM
    • #6
    • 14th Mar 18, 6:17 PM
    When did it default? When did you stop paying the debt? It looks like sometime after 2009 from your dates.
    • Sholloway123
    • By Sholloway123 14th Mar 18, 6:20 PM
    • 7 Posts
    • 0 Thanks
    Sholloway123
    • #7
    • 14th Mar 18, 6:20 PM
    • #7
    • 14th Mar 18, 6:20 PM
    It was brought to court without my knowledge and thus remains on my file. If I pay the amount and satisfy the debt would lenders look at me more favourably?
    • Sholloway123
    • By Sholloway123 14th Mar 18, 6:22 PM
    • 7 Posts
    • 0 Thanks
    Sholloway123
    • #8
    • 14th Mar 18, 6:22 PM
    • #8
    • 14th Mar 18, 6:22 PM
    The only information I got from chasing up with the agency who brought this to court was that its from 2006. I dont know if this is when the original card was taken out or when I started to default? That remains unclear
    • zx81
    • By zx81 14th Mar 18, 6:25 PM
    • 16,794 Posts
    • 17,805 Thanks
    zx81
    • #9
    • 14th Mar 18, 6:25 PM
    • #9
    • 14th Mar 18, 6:25 PM
    I'd work on paying off the CCJ
    • GM1880
    • By GM1880 14th Mar 18, 8:04 PM
    • 143 Posts
    • 53 Thanks
    GM1880
    I was in very similar position recently and fortunately found a flaw in the way the CCJ was applied and got it set aside/removed.

    First of all who was the credit card with and who applied for the CCJ?

    I do think you need to pay off the CCJ right away and then scour the dates and data to see if there!!!8217;s anything that the DCA/ original creditor didn!!!8217;t do correctly.
    • nic_c
    • By nic_c 14th Mar 18, 10:39 PM
    • 1,442 Posts
    • 789 Thanks
    nic_c
    So was the Credit Card taken out in 2006? You don't say when the last payment was made on it, when it was defaulted, or whether any payments made afterwards say via a debt plan. No point in saying about getting it set aside until all the details are known
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