I had a Barclaycard some years ago, got into a lot of trouble and defaulted with a £3,700.00 debt. A new company has taken over the debt and is demanding that I pay. I have just called to work out some settlement figure and have been told that they will knock off £400.00!

I was thinking more in line of a full and final settlement of £1,000.00. How do things work after a CCJ has expired and can a new default be registered with this company against me if I do not pay?

I would not have got in contact with the company that have asked you to pay again because as you have now done this you cannot be what isd called 'statute barred' which basically means that as 6 years has passed with no contact you could take them to court for harassment! but as you have now contacted them the best you can do is to work out a figure with them but it is ridiculous after 6 years as I have the same problem at the moment excepting it has been 6 and a half years and no I will not contact them because the minute I do my statute barred goes out of the window and I have to pay because I have contacted them, look at the limitations ast of 1980 which applies to england and wales. Good Luck and let me know how you get on please.

From your reply it would appear that the matter is completely hopeless! They are demanding that I pay everything up front and I cannot afford it. Would a court of law help?

Yes a court of law would help most certainly as this amounts to harassment and nothing contrary to section 40 (1) of the administration of Justice Act 1970, so please don't let them get away with it as they are only bullies.

Which court though? Was thinking of small claims but am not sure if they deal with harassment.

A small claims court would be fine and no doubt the judge would be sympathetic because after 6 years they ought to be ashamed of themselves, it would have to be through the small claims court anyhow because the value of the debt is nothing major to worry about in their eyes but of course it is for those of us who simply cannot afford to pay but I have looked up on the acts and they will not get away with it from me let me tell you that so I shall keep you posted.

Mmmmmmmmmm, very interesting! Some hope in the distance at last... Will look into this at the weekend and will report back. Deffinately looking to file a claim. We must work to stamp out these people who do nothing but bring misery to the lives of people trying very hard to get back on their feet.

I agree with the general premis of what is written above except that the Limitation Act does not apply to debts due under a Judgment which, though they are removed from your credit history, can still be enforced. That said the court will usually be willing to throw the case out if the Judgment has not been enforced and the Creditor knew where you were.

Have I stabbed myself in the throat with this offer of a £1000 and will I have to attend court or cna it all be sorted thru statements and the like? (probably a rather nieve question!)

I fear you may have stabbed yourself! Apply to the court in the original proceedings for the claim to be struck out for want of prosecution. You will have to attend court.

CCJs can be enforced whenever, the 6 year registration thing makes not a jot of difference.

Strike out for want of prosecution only applies to proceedings before judgment, not after.

The s.40(1) argument would never stick because the company would say they are simply trying to enforce the obligation, which after all is an obligation which has been conferred on you by the court through the judgment.

At the end of the day, you should have paid your debt, it's as simple as that. Too many people enter agreements they can't afford and then start blaming the companies for trying to get back what is rightfully theirs. If you lend someone £50 you'd want it back eventually. And would you consider yourself a bully if you kept having to ask for it back? No.

What's even more ridiculous is that these companies get called 'greedy' when they refuse to accept £1000 in settlement of a debt of £4000! You owe what you owe!

If you don't want to be pursued by these people for what you owe them, don't sign a contract with them. Or if you do make sure you've got some money in the bank.

People are too quick to blame everyone else but themselves. Make no mistake, it's your fault all of this is happening to you, nobody else's.

Noteing what is written, strike out can be acheived after Judgment and indeed has been.

Tressel, I don't need you to come here slagging me off on this forum. I am well aware that the fault lay with me to resolve. Which debt recovery agency are you working for?

I suppose you are going to tell me that you have a fabulous credit history and can just simply cherry pick the very best deals. Good for you. If you are not hear to provide constructive advice that perhaps people might want to hear, kindly keep your negative and highly insulting comments to yourself.

Your patronising and highly insensitive comments are extremely offensive to say the very least.

I agree with both you and Tressel but for different reasons.

CCJs stay on your file for 6 years from the date of the judgment. This does not mean that they cannot be enforced after that time but if a creditor goes to the Court after more than 6 years having done nothing to enforce, the Court will probably not give a warrant or other instrument for enforcement. This does mean you can be in 'limbo' and it is easier to deal with the problem.

Tressel is unaware of the statute of limitations of 6 years where no contact has been made. It can be seen as harassment although it would be difficult to get them on this. However, it pays to talk to your local Trading Standards as they can (and have in the past) ask for the revocation of Consumer Credit Licences which would certain focus the mind of any debt collection agency or other similar organisation. If yours is the only case, you probably would not get anywhere but if there was a consistent breach from many complainants, then bye-bye CCL.

When a debt is sold by a bank to another company (by assignment) they will often pay around 8-10p for every £1 of debt. Nice work if you can get it. Interesting one this - lets say that you owe £10,000. This will be written off by the Bank and they will have this taken off of their corporation tax. A company will buy the debt for around £800-£1,000 but state that the debt is for £10,000 which can be enforced through a CCJ. However, a CCJ cannot be reassigned to someone else in this way as the Bank will not get their tax back. The tax is worth more to the Bank than having the warm fuzzy feeling that the company can have a CCJ against you. This is what they call 'the bigger picture'.

However, Tressel is right about paying the full amount you owe. But, if the tables were turned and the company owed you money it would try to negotiate, so why shouldn't you?

In your case, I would suggest that you check with a solicitor (choose one that does a fixed fee appointment) to see if you can request protection from the Court - something people tend not to know about. Good luck.

EagleUK - Try looking at the date of the thread before replying!!