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unchased CCJ advice

Last post Fri, Nov 20 2009, 5:26 PM by conmankiller. 4 replies.
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  •  Fri, Nov 20 2009, 5:26 PM

    Re: unchased CCJ advice

    Yes, pay off the debts that you are admirably already striving to do, then bank any spare cash until / if you start being pursued by the creditor of debt 1....this allows you some time without pressure to clear 2,3 and 4 fully or to make larger payments to clear those faster if so desired.

    Worry about debt 1 when they start to worry or show some concern...if still unpursued by 2012 then you have the statute barred option at your disposal.

    • Post Points: 35
  •  Fri, Nov 20 2009, 5:03 PM

    Re: unchased CCJ advice

    Thanks for the responses:

    So to sum it up, you agree that I should continue paying off the ones that I'm already commited to settling, and then after that point bank any spare cash with a view to dealing with Tesco/RBS if and when they decide to chase the debt?

    I know i'm the one at fault for getting into debt and burying my head in the sand for so long, but I guess from a selfish/money in the bank viewpoint It would be great if they dont chase it between now and April 2012.

    • Post Points: 50
  •  Fri, Nov 20 2009, 3:47 PM

    Re: unchased CCJ advice

    Hi

    I think the loans Tesco made were under the Tesco Personal Finance guise, which at the time was a joint venture between Tesco and RBS. Tesco has since bought out RBS from this joint arrangement. Perhaps they are too busy arguing about who owns the debts to be bothered about chasing them. I don't think the divorce was very amicable, if the rumours are right.

    • Post Points: 20
  •  Fri, Nov 20 2009, 3:34 PM

    Re: unchased CCJ advice

    As you are aware you are now committed to repaying debts 2,3 and 4 because you have made regular recent payments. The main question is what to do about debt 1 to Tesco that has not actively been pursued yet, but has already been issued a CCJ.?

    This pursual could be re-instated at anytime as you know within Six years, after that they would have to return to the court, the fact a CCJ currently exists would make it difficult for the creditor to reapply and demonstrate to a court why they have not been pro-active in taking measure to try to contact you in regards to making more of an effort, this could count against them resulting in the court refusing to re-impose a new order.

    On balance carry on the good work of paying 2,3 and 4 off totally clearing them and see what happens in the meantime, at least it gives you some breathing space whilst they leave you to fully clear what you are concentrating on at the moment. Be cautious though; out of the Blue Tesco could suddenly start purual of their debt at anytime within the Six year period, or apply for a AEO or a charging order to be placed on your property (if you own one).

    If on the contrary Tesco don't take any action then sit back and "play it by ear", if it reaches Six years and they decide to pursue, then they would have to return to the court showing just cause why the CCJ should be re-applied...this could be difficult to say the least, if they have not made any effort or taken any form of recovery action in the first Six years...the refusal of a court to extend a CCJ through Tesco's inadequacies or carefree attitude would result in this debt becoming statute barred under those circumstances.

    • Post Points: 50
  •  Fri, Nov 20 2009, 1:18 PM

    unchased CCJ advice

    I used to live very stupidly using my creditcards and loans to susidise my salary and over the course of about 6 yrs I managed to accumulate about 46k in various debts, since the beginning of this year I've managed to pay off about 10k.

    I've basically been paying £1000 a month split between the ones that have attempted to contact me, it just really suprises me that a debt of 30k that has a CCJ has never attempted to contact me, I have moved but I still have contact with people at my old address and not even so much as a letter has turned up there, also its quite easy for them to track me down using credit searches or electoral role, but I check my credit report regularly and they havent done so much as a search.

    The debts were roughly

    Debt1 - 30K - tesco loan, went to CCJ 3 and a half years ago, but has never been chased, not even asmuch as period credit checks

    Debt2 - 8K - Car finance - passed on to debt collection agency, am making regular payments, down to just over 2k

    Debt 3 - 4k - Credit card - passed to debt collection agency, am making regular payments, down to 2k

    Debt 4 - 4k - Credit card - passed to debt collection agency, am making regular payments, down to 2k

    My question is once i've finished paying off debts 2,3, and 4 (will take another 5 months) - should I try to track down the CCJ and offer payments - or as they have made zero effort to contact me or chase the debt in the past 3 and a half years, should I just sit it out and bank whatever I would have been paying off, so that if they ever do knock on the door I could make an offer.

    I'm not trying to actively avoid the debt, but part of me thinks if they havent bothered in all this time, why should I remind them. I know CCJ's dont get statute barred, but if it got to 6yrs then they'd have to reapply to the courts to have it renewed, at which point they'd have to prove why they hadnyt bothered previously.

    • Post Points: 20