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CCJ from 2014. Please help me

11 replies

pinkpetal2 · 28/07/2020 10:52

Hi I really need some help as I do not understand this process.

My mum took out a catalogue in my name when I had just turned 18 I wasn't aware until I found it. I wasn't living with her at the time a CCJ was given in 2014 and the catalogue was taken out in 2011.

Fast forward to now I'm now getting debt collectors letters to my address asking me if I've forgotten about the CCJ. I assumed it would be fine after 6 years as that is what my mum said.

I can't afford to repay this it's £412.
She has offered to pay in instalments but I do not want this as she defaults on everything and I'm scared it will make it worse.

I can not afford any repayments myself I'm solely reliant on benefits at the moment due to my partner walking out on us.

What is the best way to solve this as my credit is finally becoming great again.

OP posts:
IAintentDead · 28/07/2020 11:22

Go on the Money Saving Expert site (Martin Lewis) and ask on there. There are loads of knowledgeable people that will help you.

forums.moneysavingexpert.com/categories/debt-free-wannabe

gonnanamechangeforthisone · 28/07/2020 11:38

After 6 years, unsecured debts are written off under the statutes of limitations so long as you have not acknowledged the debt (ie not paid anything towards it, or written to them to make arrangements to pay). They cannot legally recover the debt so you can safely just bin the letters.

However this will be a problem if you want to get credit in future, esp a mortgage as it will show up as a default on your credit file.

pinkpetal2 · 28/07/2020 12:17

Thank you I'm so angry she's done this

OP posts:
TheFlis12345 · 28/07/2020 12:20

I thought debts also didn’t appear on a credit file after 6 or 7 years?

LemmysAceCard · 29/07/2020 13:29

@gonnanamechangeforthisone

After 6 years, unsecured debts are written off under the statutes of limitations so long as you have not acknowledged the debt (ie not paid anything towards it, or written to them to make arrangements to pay). They cannot legally recover the debt so you can safely just bin the letters.

However this will be a problem if you want to get credit in future, esp a mortgage as it will show up as a default on your credit file.

This is not true at all.

The debt is a CCJ and is enforceable forever. A non CCJ debt is written off after 6 years, NOT a CCJ.

You need to speak to the creditors, show them your income and outgoings and propose a payment plan, if all you can afford is £5 a month that is all you can pay.

CigarettesAndNoAlcohol · 29/07/2020 16:14

Your mother committed FRAUD. Against you. Why haven't you reported it to the police and thus made it clear this debt is not yours?
You can't just keep ignoring this, OP - you need to deal with it and make it clear, that you are not liable for this debt.

Your mum chose to do this; she needs to answer for it because she's the one that's landed you here.

pinkpetal2 · 02/08/2020 12:04

@CigarettesAndNoAlcohol I can't do that to my mum. My mum has small children still and various other debts this would just be another thing that would get ignored.
I think I'll just leave it. I can not afford to pay anything a month. That's just how it is atm.

OP posts:
TheFlis12345 · 02/08/2020 13:56

Could you offer a token amount like £1 a month to show willing? It’s really not just going to go away. It would probably be a good idea to speak to Citizens Advice or one of the debt charities such as Christians Against Poverty (you don’t need to be religious for them to help you and they are free and legit, not like some of the dodgy companies out there).

pinkpetal2 · 02/08/2020 20:30

@TheFlis12345 I can try I'm just worried that this will open the door to something else appearing. Sad

OP posts:
CigarettesAndNoAlcohol · 03/08/2020 12:30

OP this isn't going to go away.

YOU are not responsible for bailing out your mum, she's an adult who is presumably completely mentally all there, no impairments etc.

this IS NOT your problem to solve, and it's going to be a bigger problem later down the road.

burying your head in the sand because of the shitty position she has CHOSEN to put you in is only going to lead to more pain.

would you do this to your own children? no, because you wouldn't want to inflict this pain on them. why do you think your mum has a right to do it to you then?

LemmysAceCard · 03/08/2020 12:44

OP, i commented earlier on your thread. You need to take action. I used to work for a Debt Collection Agency and we took people to court and dealt with the customer after a CCJ was issued.

You need to deal with this, it will not go away and if you were a customer with a CCJ at my old place and nothing was coming from you we would then apply for a bailiff to visit your house.

You need to contact the company who have filed the CCJ against you. As someone said above offer £1 a month, it is good advice but doesnt work in reality. People think that if you offer £1 a month creditors have to accept it. They dont. You have to make a reasonable offer and even that can be rejected.

You have to prove your income and outgoings, the company is not going to accept £1 just on your say so. If you I&E (Income and Expenditure) shows all you have is £1 spare then that is all they can take but if it shows you have more then they will not take £1, they will want more. They will not leave you destitute, if you say have £50 a week spare they would ask for £10 a week * not accurate figures just trying to give you an example.

Yes a debt does drop off after 6 years even a CCJ, but there are things that can be done to make sure the debt never drops off after 6 years and will show on your credit file for years and years.

Really you should have reported your mum to the police but i feel that you wont do that and it is too late now really as the CCJ is issued. (they can be reversed due to fraud but you would need to report your mum)

If you are worried about other things in the woodwork you need to look at your credit file, Totally Money and Clear Score are both free and will help you to see if your mum has done anything else.

Please dont bury your head in the sand, this will not go away.

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