Dealing with an old CCJ

A question about : Dealing with an old CCJ

After reading many websites and advice guides online, I’m a bit stuck for my specific problem.

I took out a joint loan in September 2005 (I can’t remember exactly when) with London Scottish – I was 21 at the time. It was for Ј2500 but total repayable was over Ј7000 (!) I moved house several times and the relationship with the person at the time ended. In May 2007, I received a CCJ for the debt at my previous address although I had no knowledge of that until I checked my credit file in early 2010 when London Scottish had gone into administration.

Anyhow, as I am older and my life has been stable for a couple of years, I have been good at clearing out past problems and this CCJ is the only thing that remains. For a long time I couldn’t get hold of anybody who took over from London Scottish and I didn’t really act on this one CCJ. However, I received a letter from Robinson Way in January this year asking for the amount to be paid. I took advice from a charity and they recommended that I leave the debt and don’t pay it as the CCJ will disappear after 6 years. I haven’t received any other letters from Robinson Way nor have I tried to contact them.

Looking forward, I do want to pay this debt and get the default removed from my credit file but I think that the charges for interest were ridiculously unfair.

I am wary of contacting Robinson Way for the following reasons:
The CCJ will be acknowledged and the date will ‘reset’ – meaning that it will remain on my credit file until at least 2017 rather than 2013;
Robinson Way might try to force an attachment of earnings order via the court;
Writing to them means that I accept the full amount of the debt – which to be honest, I don’t because it’s a disgraceful amount of interest.

I was planning on writing to Robinson Way and asking to reduce the amount significantly and set up a payment plan with me and to remove the CCJ from my file. I was also going to ask for copies of all the paperwork that they have on this debt (I don’t as it was years ago). I am wary of doing this due to the reasons mentioned above.

On a side note, if I dispute the debt, can I apply to get the CCJ set aside with the court? What would be the risk of doing this?

I’m not really sure on how to proceed; if anyone has any advice to this specific set of circumstances then I’d be really grateful.

Thanks from a newbie to the forum (but a long-term website user).

Best answers:

• The CCJ will remain on your credit file until 2013 - it doen't get reset by any contact with the creditor, and nor will paying it get it removed it will be marked satisfied. Not sure you would have grounds for set aside other than you didn't have notification at your address at the time.
  How much is the CCJ for? What can you afford to pay - you're more likely to get a full and final if you haver a reasonable lump sum to offer.
  Personally I'd save up for the next couple of years and wait for them to contact you.
• Thanks for a quick reply.
  The total amount is Ј7,200. I was thinking of making a payment of around Ј2,500 on the condition that they remove the default from my credit file altogether. What you said about the CCJ not being 'extended' has helped - that was one reason why I was dubious about contacting them to arrange a repayment.
  I could just ignore them and deal with them when they get in touch with me on a later date.
  If I did contact them and they wouldn't remove the CCJ would result in them pestering me and no doubt sending debt collectors to my door.
  I'm honestly stuck between leaving it until they contact me or the *possibility* of getting the CCJ removed from my credit file two years early and I arrange an amount to pay off.
• A CCJ is not a default it is basically a court order and cannot be removed by the creditor - it can only be marked as satisified when paid - unless others know different.
• Thank you
  I got a little confused between all the terminology. I am going to take your advice and not meddle with it. I suppose the worst part was over when the CCJ was issued so it's just a matter of time to see it expire.
  Do you happen to know if it will remove automatically from my credit file when it expires in May 2013?
• Yes it will automatically drop off but be prepared a few months before to be chased by debt collector.
• It will automatically be removed from your file after 6 years. BUT Me personally would ignore any correspondence from them. OR there is a letter you could write to them (always send recorded) on national debt line website about debt being over 6 years old. That may get them off your back for a while at least, or when they transfer you to another company just send it again with any correspondence you got from last company (photo copies). Never throw any correspondence away. I to this day have kept everything regarding debts over 10 years ago.
• Thanks for the advice regarding National Debt Line. I found the letter on their website and I've saved a copy for future reference.
  I ignored the letter they sent in January and didn't hear anything since. As it's two years to go I will see what they try to do and continue to put savings away. If the six years pass then I will use the letter if it crops up in the future.
• If a debt has a CCJ then it will never become statute barred - so do not send the national debtline template regarding the limitation act - its not relevant for a debt with a CCJ.
  If you have a CCJ then the debt remains permanently (well until paid). If its more than 6years since a CCJ they would have to go back to court in terms of enforcing the CCJ by eg bailiffs, attachment of earnings etc, but they can still continue to chase for payment at any time without going back to court.
• i have a ten year old ccj the company has gone into liquidation and there is a notification of registration of a caution what do i do to find out how much i owe. is the liquidation co due the money that is owed would you advise on making a offer to the liquidators
  thanks
  camden23