CCJ after 5 year old default?

[james129]

Hello,

 

I wondered if anyone could help me.

 

I have a 5 year old default in relation to a old debt. I have today received court papers in relation to the creditor applying for a CCJ.

 

If this is registered against me it will be on my credit file for another 6 years which means in total it will have been on there for 11 years. Is this correct? I thought 6 years was the most it could stay on there for?

 

Any advice much appreciated

[ims21]

Hi and welcome along

 

The default will drop off your file at 6 years but if a judgement is awarded that will stay on your file for six years in it's own right.

 

Defaults and judgements are not linked in terms of the length of time they run, they are two distinct things.

 

Not in Scotland by any chance are you?

 

If you give us full details and whether you want to defend the claim then we can move you to the Legal forum where the guys will be happy to help out.

[james129]

Hello,

 

Thank you for such a quick response.

 

I'm presuming that the only way to prevent judgment will to be to pay the debt?

 

I have to avoid the judgement as it will affect my employment. As i had not heard from the company for many years I was previously advised to do nothing and to wait until it dropped off after 6 years as it would become statute barred. All seems rather strange that they have suddenly applied for a CCJ- which has been sent to my old address.

[ims21]

What sort of debt is it....loan, credit card, phone contract?

 

When was your last payment made to the account?

 

What is the original default date as shown on your credit file?

 

Who is the original creditor and who is the claimant?

 

Depending on your answers you may be able to defend (we don't know yet as there is too little information to go on). If you defend and are unsuccessful judgement will be awarded but nothing will appear on your file if it is paid within 28 days of the judgement.

 

As I say, we need a lot more information to be able to help you effectively.

 

You might like to have a read here and provide the answers to the questions posed here on your thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

[james129]

The debt is in relation to a £2000 loan taken out from Everyday Loans in May 2009.

 

The default was made in April 2010 for £3466

 

The last payment was made in August 2009.

 

The company now claiming is Cabot Financial.

 

I have rang the court today and was advised no documents were served with the claim I.e. agreement or transfer notice.

 

I proceeded to call the solicitors who made the claim. They advised they do not have the documents either but they can request them from Cabot.

 

I advised them until they can produce the documents I would defend the claim but in the case they can we made several offers and counter offers. Their lowest was £2310.

 

A CCJ would affect my job and therefore I must avoid it at all costs. Do you think I could defend the claim or should I just pay the £2310 now to make it all go away?