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  • Some advice required - Statute Barred

    I can't believe such a comprehensive and useful site exists. I've been reading the forums most of the morning and I've not even made a dent on the topics available.

    I'm really after some good advice and these forums seem full to the brim with it so here goes!.....

    When I was in late teens I made some silly mistakes resulting in me being about £20k in debt (bank loan, reams of CCs and a couple of hire purchase agreements). When I was about 20 I made the decision to sort it all out and get 'Harrington Brookes' to help me manage the debt for me. I think I stopped making payments after about 2 months (employment problems).

    That was in about 2004 - no later than 2005 although I don't have the exact date. As far as I'm aware, that is the last date I acknowledged my debts/made any payment on them. I buried my head in the sand and hoped it would all go away. I changed my address every year or so in the hope I could outrun the credit collection letters (they're amazingly quick at tracing you sometimes!).

    This year however, I've decided I really need to do something about these debts. I've been with my girlfriend for the last 18 months, it's serious and she wants some stability. She owns numerous properties and wants us to consider buying a house together. I can't bring myself to tell her I've been in serious debt (she's an accountant and would probably lose all respect for me if she knew!) so I've been fobbing her off with various excuses. Every now and then another collection letter will appear on the doormat and I return it to the sender.

    Now, the majority of these debts were last acknowledged maybe 6-7 years ago - I've read up on 'statute barred' but not sure where I stand with it. I've basically ignored these debts for this amount of time - do they drop off my credit file after 6 years? Are the laws different in Wales (I notice that both England and Scotland differ - is Wales covered by England's legal system?

    There is one debt I have serious concerns about and I still lose sleep over it. It was a 12.5k bank loan which ended up as a CCJ back in early 2007 which was collected through an attachment of earnings order. I subsequently lost my job (in accounts!) as a result of this and I decided to go off the radar for a bit. I've not heard a peep from the courts since then (I made no more than 4 payments on the CCJ). I've been with my current employer for the last 4 years and I've not had anything directly or indirectly to suggest the CCJ will be collected. This one is the real noose around my neck and I'm not sure how to proceed with it. Do I 'come out of hiding', approach the courts and say 'Hi, here I am, I'd like to pay some money now'? I'm guessing there must be some sort of warrant in affect as soon as a default is made on a CCJ? I had a dealing with the police (speeding) last year - pretty sure they check your record when you're stopped but nothing was brought up. They had my current address then. Am I just fortunate enough that they've not caught up with me yet?

  • #2
    Re: Some advice required - Statue Barred

    The first thing I would do is get a credit report to see what is actually reported against you. But you might want to keep your head down until 6 years after the ccj was granted ( sometime doing a credit search can make you ping up on the radar again!!!)

    I dont know what the courts would do but I'm sure that someone will be along soon that will.
    Last edited by mgfboy; 1 October 2012, 12:17.

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    • #3
      Re: Some advice required - Statue Barred

      A ccj can still vanish (only insofar as dormancy), don't worry. Basically the claimant can pursue you and if after 6 years it is still unpaid, they would need to go to the courts and give a bloody good reason why it's taken them 6 years to find you.

      I would ignore it, forget it and move on - whatever you do, DO NOT get your credit file as it can alert them to your whereabouts, wait until at least 6 years after last payment was made.

      It will not become SB'd though, no. However they cannot now apply for arrest of salary etc, it would have to be through the courts and the courts would be reluctant to agree to it after 5+ years (of dormancy).....
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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      • #4
        Re: Some advice required - Statue Barred

        Originally posted by mgfboy View Post
        The first thing I would do is get a credit report
        Nooooooo
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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        • #5
          Re: Some advice required - Statue Barred

          Originally posted by huskie View Post
          That was in about 2004 - no later than 2005 although I don't have the exact date. As far as I'm aware, that is the last date I acknowledged my debts/made any payment on them. I buried my head in the sand and hoped it would all go away.
          You hoped correctly, they have - they are now all statute barred (unless someone got a CCJ default judgment, easy to check - however you'd need to know the exact address so not really worth it - by checking CCJs, court orders & fines - Search yourself and others - Trust Online )

          There will be no trace on your credit record and also, they cannot pursue you - unless they did get a CCJ in which case, as I said above, wait till at least 6 years have passed since you last paid into the CCJ you know about and then apply to trustonline (CCJs, court orders & fines - Search yourself and others - Trust Online) as the CCJ you know about should have vanished.

          Its weird though, as you have moved a lot, it'll be hard to track each ccj so maybe best to not bother - and instead get your credit file later in the year, maybe around July 2013.....

          I wouldn't worry, you'll be fine.
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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          • #6
            Re: Some advice required - Statue Barred

            Thanks so much for all your helpful replies. I've been very irresponsible I know. It would be nice to make a fresh start and not get that lump in my throat every-time my other half mentions moving in together!

            How would a dormant CCJ affect me? Will it continue to be recorded on my file for eternity or does that drop off too?

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            • #7
              Re: Some advice required - Statue Barred

              Originally posted by huskie View Post
              How would a dormant CCJ affect me? Will it continue to be recorded on my file for eternity or does that drop off too?
              It drops off after 6 years, as I said above.
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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              • #8
                Re: Some advice required - Statue Barred

                Thanks Niddy.

                I shall continue to play the waiting game for the next 8 months and then see what I can clear off my file

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                • #9
                  Re: Some advice required - Statue Barred

                  Originally posted by huskie View Post
                  Thanks Niddy.

                  I shall continue to play the waiting game for the next 8 months and then see what I can clear off my file
                  Your file will be clear mate, that's what I'm trying to say - unless they got a CCJ after you last communicated, then chances are you'll be fine. If the CCJ is +6 yrs old, it'll also be removed from your credit file.

                  Wait til next summer then apply to Experian and Equifax (£2 statutory reports) and see what they provide.....

                  :niddy
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                  • #10
                    Re: Some advice required - Statue Barred

                    ^^^^

                    Unless you're after a mortgage or indeed, plan on sharing anything with your partner as then you'll be financially linked and if you did have a load of CCJ's they'd then affect your partner as well as you, so not always as simple as this.

                    Basically, as I said above - wait till next summer then get your credit files and see what they say - THEN we'll be able to clarify in more detail. Right now the last thing you need is a financial link to your partner if they are not in debt.
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                    • #11
                      Re: Some advice required - Statue Barred

                      Originally posted by Never-In-Doubt View Post
                      Nooooooo
                      Sorry I'm a naughty boy, master

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                      • #12
                        Re: Some advice required - Statue Barred

                        Quick update on this... I got my a copy of my credit file yesterday and most of my debts have dropped off file
                        I have a few blemishes still on there. What's puzzling me is that a couple of the creditors that are still chasing are able to change the date of default which means the date I expected the debt to go into SB is in fact out by quite a few years. For example, one debt that I originally defaulted on in 2007 is being reported as defaulted in 2011. Is this because the debt gets passed onto to different owners (gets sold on) and this resets the original default date?

                        Anyhow, I've had a letter through the post from one of the creditors I owe £3.2k to. They've offered to let me settle for 10% which I'm pretty happy about although can't afford it just yet. In total, I still have £5.6k outstanding but I'm hoping to get this down to £1.7 with a bit of bartering

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                        • #13
                          Re: Some advice required - Statute Barred

                          They are not allowed to change the default date when the debt is sold on. Some of the scummier debt collectors do it, but they shouldn't. If they do then when you are sure it's SB complain and get it changed back to what it originally should have been.
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