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  • FIRST POST
    • whynow
    • By whynow 13th Sep 17, 11:05 AM
    • 11Posts
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    whynow
    CCJ issued in 2014 - could have previously been statute barred. HELP please!
    • #1
    • 13th Sep 17, 11:05 AM
    CCJ issued in 2014 - could have previously been statute barred. HELP please! 13th Sep 17 at 11:05 AM
    Hi

    Please bear with me with dates and details please. As this is to do with a 10 year old debt I cannot remember everything. FYI I am based in England.
    I took out a personal loan with the Halifax on the 22/03/2007. As far as I can remember I paid probably 6-12 months worth of payments before defaulting due to hardship at the time. I could be wrong about how many months I paid, but I think it may be around that. As this was 10 years ago, I had forgotten about the debt as I thought that it had been written off.

    This week I received a letter from Shoosmiths LLC informing me that they are acting on behalf of Arrow Global to recover the debt.
    They also informed me that I had a CCJ issued on the 06/11/2014 which I did not know about.
    As you can see there is 'possibly' the chance the original debt was statute barred but I do not have the information myself to find this out.

    I think my best cause of action would be to find out the date of default as well as when the papers for the CCJ were issued. Is this correct and if so who should I contact?

    Would the above be the best cause of action so if it is indeed statute barred I can get it set aside.

    I want to be careful as I do not want to admit a debt that I may not owe.

    If this is not what would be the best cause of action be?

    I am not too concerned about my credit score, but I am concerned about them coming to my place and removing goods, such as my car etc.

    If it does turn out that I do owe this debt, I think I would prefer to pay it of in one go and offer them a final settlement. As the debt is about £5000 what would I expect to end up paying?

    Thank you
    Last edited by whynow; 13-09-2017 at 11:09 AM.
Page 1
    • sourcrates
    • By sourcrates 13th Sep 17, 11:27 AM
    • 12,444 Posts
    • 11,845 Thanks
    sourcrates
    • #2
    • 13th Sep 17, 11:27 AM
    • #2
    • 13th Sep 17, 11:27 AM
    Hi,

    The relevant date here, the "cause of action date" is the date of your last payment, not the default date.

    If you made 12 monthly payments, till 2008, it's touch and go if it was statute barred or not, as court action was taken in 2014.

    A subject access request (SAR) to the original creditor may get you the information you need.

    As court action has already been taken admitting the debt or not is irrelivant.
    Last edited by sourcrates; 13-09-2017 at 11:29 AM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
  • National Debtline
    • #3
    • 13th Sep 17, 11:38 AM
    • #3
    • 13th Sep 17, 11:38 AM
    Hi whynow

    Bailiffs can only be used if you are not paying the instalments the court ordered on the CCJ. If you accept the debt you can set up a payment court via the court, this will prevent bailiff action. Another option is to apply for a set aside to try and get the CCJ removed. If the court grants it, it will mean the court action begins again and you can enter a defence. You can find the set aside process explained here https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx.

    You will need to consider if the debt was statute barred at the point the court papers were issued. That means if there had been 6 years (from the cause of action Sourcrates mentions) where no payments had been made and you had not acknowledged the debt. If that is the case you could consider applying for a set aside and using that as a defence.

    It’s a good idea to get advice from one of the free debt advice agencies before going ahead with this as there are fees and potential costs involved. If this is not an option, you could try a full & final settlement. You may find this harder as they already have a CCJ but you can certainly try. There’s no fixed amount you should offer, it’s down to Shoosmith’s discretion whether to accept. Good luck with it all.

    Susie
    @natdebtline

    Last edited by National Debtline; 13-09-2017 at 5:53 PM. Reason: Typo
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • whynow
    • By whynow 13th Sep 17, 12:49 PM
    • 11 Posts
    • 0 Thanks
    whynow
    • #4
    • 13th Sep 17, 12:49 PM
    • #4
    • 13th Sep 17, 12:49 PM
    Thank you for the information.

    I think the best cause of action for me is to send of a subject access request. This would then tell me if the if it was statute barred which I think is about a 50/50. Is there a template for the subject access request? Also it was mentioned that I should send this to the Halifax is this correct? I ask mainly as if I send them the letter, obviously Shoosmiths would not know about this so they may continue chasing this debt.

    I don't think trying to get the judgment set aside at this time is an option as I do not know if it was statute barred and think it would not be wise as it may reset the clock on the CCJ.

    I did contact the national helpline yesterday and they did tell me to sent of a Personal information under the Data Protection Act letter to the current creditor. Is this the same as the subject access request?

    Thanks once again.
    • sourcrates
    • By sourcrates 13th Sep 17, 1:24 PM
    • 12,444 Posts
    • 11,845 Thanks
    sourcrates
    • #5
    • 13th Sep 17, 1:24 PM
    • #5
    • 13th Sep 17, 1:24 PM
    Yes it's the same thing.

    Template letter here :

    https://www.nationaldebtline.org/EW/sampleletters/Pages/Personal-information-under-the-Data-Protection-Act-%28sole-name%29.aspx
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • whynow
    • By whynow 13th Sep 17, 2:50 PM
    • 11 Posts
    • 0 Thanks
    whynow
    • #6
    • 13th Sep 17, 2:50 PM
    • #6
    • 13th Sep 17, 2:50 PM
    Thanks for that. I should now be able to work out the start date to look into the possibility that it is statute barred. Now for the final date, which date should I be asking for. The date of the actually CCJ which I already know or the date the papers where sent to court for the action to be taken?

    I have the following template currently if it is the latter.

    Dear Sir/Madam


    Account No: xxxx Claim No: xxxx

    Please send me the information which I am entitled to under Section 7(1) of the Data Protection Act 1998.

    I would particularly like you to provide information about the following items.

    The cause of action date which is the date the last payment was received towards the debt. The date that the courts were issued with the paperwork for the county court judgement.

    If you need further information from me, or if you want me to pay a fee, please let me know as soon as possible.

    If you do not normally handle these requests for your organisation, please pass this letter to your Data Protection Officer or another appropriate member of staff.


    I look forward to hearing from you.

    Yours faithfully
  • National Debtline
    • #7
    • 13th Sep 17, 5:52 PM
    • #7
    • 13th Sep 17, 5:52 PM
    Hi again whynow


    You need to know the date the court papers were issued, not when the CCJ was made.


    Also just to clarify the cause of action is the date court action could have been taken to collect the debt. With a loan that is usually after one or two missed payments. If after this happened you made further payments then the 6 year period starts running from the date the last payment was made. Good luck with it all.


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • whynow
    • By whynow 13th Sep 17, 6:11 PM
    • 11 Posts
    • 0 Thanks
    whynow
    • #8
    • 13th Sep 17, 6:11 PM
    • #8
    • 13th Sep 17, 6:11 PM
    Excellent, thanks once again.

    I think I have now finally worked out what to request and how to word it. Does this look correct?

    -------------------

    I would particularly like you to provide information about the following items.

    1. The cause of action date.
    2. The date the last payment was made towards the debt.
    3. The date that the courts papers were issued.
    • sourcrates
    • By sourcrates 13th Sep 17, 6:38 PM
    • 12,444 Posts
    • 11,845 Thanks
    sourcrates
    • #9
    • 13th Sep 17, 6:38 PM
    • #9
    • 13th Sep 17, 6:38 PM
    A SAR costs £10 by the way.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • whynow
    • By whynow 14th Sep 17, 8:58 AM
    • 11 Posts
    • 0 Thanks
    whynow
    Who should I be sending this to? I presume it is Shoosmith as they are currently the people chasing me for the debt?

    They don't make this easy do they.
  • National Debtline
    That's correct, you need to send it to Shoosmiths as they are the company currently asking you to pay the debt.


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • whynow
    • By whynow 14th Sep 17, 2:15 PM
    • 11 Posts
    • 0 Thanks
    whynow
    I have just found an old credit report of mine in an email, and it looks like I had taken out the loan on 18/09/2006. This was a credit report from 07/03/2007. I am starting to think that the 22/03/07 original agreement date Arrow mentioned in the first post could be the cause of action date. If that is indeed the should the be any other information I request from Shoosmiths?

    1. The cause of action date.
    2. The date the original agreement was signed.
    2. The date the last payment was made towards the debt.
    3. The date that the courts papers were issued.
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