Statute barred debt question

laudo

Does anybody know whether it is acceptable to send the company chasing an alleged debt the statute barred letter by email, or is it best to sen it via recorded delivery? (I dont have a printer!!)


Thanks in advance

DarkConvict

Recorded delivery is best so you know they have received it.

But i see nothing wrong with sending it by email, just ensure you have it all set-out like you would a letter. Or even just send an email with the letter attached as a file if that makes it more readable.

Always drop in, i do not acknowledge this debt in all written communications.

laudo

One more question on this, if a ccj was obtained for this alleged debt, it is still statute barred aint it? They have to apply again to make the ccj "current" again is that correct?

DarkConvict

A CCJ prevents a debt going statute barred.

You can run a check here to see if any CCJs were made against you - http://www.trustonline.org.uk/

If a CCJ has not been enforced within 6 years, they will have to apply to the court to get it 'reactivated' and give a reason why they have not used the CCJ to recover the debt. If they fail to get it activated again then the debt would become statute barred as the CCJ would be removed, if they can provide a reason such as you moved and didnt give a forwarding address it maybe reactivated and the debt still enforceable.

Debt companies often get CCJs for debts if they can't find the debtor for this reason, to stop debts going statute barred.

laudo

What if the debt company werent the ones who obtaned the original cca?

DarkConvict

I assume you mean CCJ.

The CCJ is placed against you for a debt, the debt can be sold on and enforced using the CCJ regardless of who got the CCJ and who now owns the debt. Generally if they have a CCJ they don't sell it on as CCJ allows them to use bailiffs to recover the money if the court set payments are not made. CCJ guarantees they get paid unless they don't actually use it or the debtor goes bankrupt.

laudo

Cheers, will be going down the statute barred route, its well over 9 years old and I aint move in 8 years.

DarkConvict

So I take it a debt collector has come and ask for payment 9 years after the CCJ was issued?

laudo

Had a couple of letters from Debt agency, never responded as yet, now had a couple of phone calls, am in Scotland now, does this make a difference?

DarkConvict

I don't know how CCJs work in scotland, i don't think they are even called CCJs to be honest.

Anyway, the statute barred limit is 5 years in Scotland. Also a debt is legally written off it is 'extinguished' by law. To be sure give national debtline a call tomorrow when they open they have trained people in Scottish debt matters. Although a regular here can probably confirm it, like fermi.

laudo

many thanks once again.