Old credit card debts - can they still come back and haunt me ?

[Talay]

Around 15 credits cards, none used since mid 2005.

1 charge on property in 2005, 2 in 2006 and 1 in 2008. These debts cleared when property sold in 2008. According to Trust Online (checked 2010), none of the others have been to CCJ.

Have never pulled a credit file because I firmly believe this would simply alert people to my current whereabouts. My worry is that were I to resurface, all this old stuff could come back and screw up the future for years to come.

Now I know something about 6 years being unenforceable and I haven't made a payment, used a card, spoken to them or anything since 2005 but what is there to stop one of these lenders (or whoever owns it now) applying for a CCJ and hitting my file in 2012 which would take until 2018 before it fell off ?

Does that make sense ? I hope so.

[Never-In-Doubt]

Re: Old credit card debts - can they still come back and haunt me ?

I think you'll be fine, if the last time you had any contact was 2005 then most will be statute barred unless they did indeed obtain judgment but if you say trust online doesn't show anything then they won't as all judgments appear there.

To be honest, as you had charges until 2008 there may be traces of this, but if the property was sold etc then they'll be cleared so you should be fine, however your credit record may well have the defaulted entry until 2014.

Unless you are specifically looking for credit right now, why not wait a few months to ensure everything from 2005 is statute barred...?

[Talay]

Re: Old credit card debts - can they still come back and haunt me ?

Thanks for that.

I don't want credit at the moment and won't need any until I buy a place but those incidents from 2006 will have to fall off to have any chance. The 2008 one will bar me from mainstream lenders until 2014 I know but if presented as a single case, 4 or 5 years previously (in 2012/3), surrounding divorce and quickly repaid, then it might be possible to get a lender to advance a circa 60/70% advance on a well covered property loan.

My main worry is that when I pop my head up, there seems nothing to stop a creditor pushing for a CCJ now or at any time in the future on one of the outstanding debts.

If I'd bought that debt, even at say 5p in the £1, then I would still keep a lookout for the debtor resurfacing and if viable, "blackmail" them into paying under threat of registering a CCJ, irrespective of whether they could enforce it, but safe in the knowledge that most people cannot handle their credit record being screwed for another 6 years.

I can't get that thought out of my head as I can't to another 6 year stint.

[CleverClogs (RIP)]

Re: Old credit card debts - can they still come back and haunt me ?

I can't get that thought out of my head as I can't to another 6 year stint.

The second offence is likely to get you longer inside.

[MrsD]

Re: Old credit card debts - can they still come back and haunt me ?

So just keep under the radar until they fall off, once they are off, they are off.

[Talay]

Re: Old credit card debts - can they still come back and haunt me ?

So just keep under the radar until they fall off, once they are off, they are off.

I'll have to deal with the CCJ one though because it never expires. Off credit agency records as over 6 years old but never finished if someone wants to come and collect.

[Never-In-Doubt]

Re: Old credit card debts - can they still come back and haunt me ?

I'll have to deal with the CCJ one though because it never expires. Off credit agency records as over 6 years old but never finished if someone wants to come and collect.

So you have a ccj then? Yes, well they can actually try and enforce it at any time in the future but this is unlikely as they first have to seek permission from the judge who will be very reluctant to order in their favour as he will ask the simple question "why has it taken you over 6yrs to collect this debt?" - as a result they usually do not award extensions to CCJ's - so i'd not worry too much about it.

[CleverClogs (RIP)]

Re: Old credit card debts - can they still come back and haunt me ?

So you have a ccj then? Yes, well they can actually try and enforce it at any time in the future but this is unlikely as they first have to seek permission from the judge who will be very reluctant to order in their favour as he will ask the simple question "why has it taken you over 6yrs to collect this debt?" - as a result they usually do not award extensions to CCJ's

That may be because section 24 of the Limitation Act 1980 (link) states:

Time limit for actions to enforce judgments.

(1)An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

(2)No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

[Talay]

Re: Old credit card debts - can they still come back and haunt me ?

So you have a ccj then? Yes, well they can actually try and enforce it at any time in the future but this is unlikely as they first have to seek permission from the judge who will be very reluctant to order in their favour as he will ask the simple question "why has it taken you over 6yrs to collect this debt?" - as a result they usually do not award extensions to CCJ's - so i'd not worry too much about it.

The reason is because I disappeared off the face of the earth.

To suggest that they not knowing where you live is not enough to come after you with the old CCJ would appear to be at odds with the specific rebuttal to having a CCJ set aside because you did not receive the paperwork, as the creditor is entitled to forward it to the last known address.

How I read it is that they simply go to the judge and state that they have taken all this time to find you and you have taken no steps to inform them of your current address or indeed any address since you left the address they have on file. I would find that a compelling and persuasive argument.

The worry would be that in not informing them of your whereabouts, you have deliberately frustrated their attempts to enforce the CCJ and whether that would be sufficient to bypass any limitation on time.

[Never-In-Doubt]

Re: Old credit card debts - can they still come back and haunt me ?

What you describe above is traditionally what used to happen but not so now. Judges are more likely to assess things on the probability of both sides and if you were evasive for 6yrs regardless of providing an address, with the technology out there just now the lender/dca should have the methods and means to trace you.

If they have not, then a judge will not likely award enforcement action against such an old CCJ. They might, but it's unlikely so after 6yrs you can but assume it's gone, as such.

[PlanB]

Re: Old credit card debts - can they still come back and haunt me ?

Judges are more likely to assess things on the probability of both sides and if you were evasive for 6yrs regardless of providing an address, with the technology out there just now the lender/dca should have the methods and means to trace you.

If they have not, then a judge will not likely award enforcement action against such an old CCJ. They might, but it's unlikely so after 6yrs you can but assume it's gone, as such.

Are you suggesting that judges are in the habit of investing in shares in Experian & Equifax and then promote those services through HMCS

[Never-In-Doubt]

Re: Old credit card debts - can they still come back and haunt me ?

Are you suggesting that judges are in the habit of investing in shares in Experian & Equifax and then promote those services through HMCS

Nope, I am saying the lender/dca has 6yrs to find (locate) the debtor and so if they've not done so, a judge will usually ask "why - you've had 6yrs and unlimited access to resources such as trace etc so why have you not used them?"...... Usually the judge will then refuse an extension on the ccj

[CleverClogs (RIP)]

Re: Old credit card debts - can they still come back and haunt me ?

So you have a ccj then? Yes, well they can actually try and enforce it at any time in the future but this is unlikely as they first have to seek permission from the judge who will be very reluctant to order in their favour as he will ask the simple question "why has it taken you over 6yrs to collect this debt?"

The reason is because I disappeared off the face of the earth.

How was life on Centauri Prime?

[Talay]

Re: Old credit card debts - can they still come back and haunt me ?

Nope, I am saying the lender/dca has 6yrs to find (locate) the debtor and so if they've not done so, a judge will usually ask "why - you've had 6yrs and unlimited access to resources such as trace etc so why have you not used them?"...... Usually the judge will then refuse an extension on the ccj

You mention an extension. Does this mean that a CCJ has a finite life when issued ?

I thought the 6 year timeframe was purely down to the credit agencies though I fully recognise they would probably want a permanent lifetime and the 6 year restriction is probably based upon some legal notice.

[CleverClogs (RIP)]

Re: Old credit card debts - can they still come back and haunt me ?

You mention an extension. Does this mean that a CCJ has a finite life when issued ?

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