Statute barred debts and the Limitation Acts

thewhiteavenger

ukdalai wrote: »

hi again, ok i have now had contact from robinson way, actually hoist portfolio holdings 2, and robinson way are acting for them.

a brief history of my case, i defaulted on a loan with santander in 2005, they got a ccj against me, and i was paying moorcroft monthly, i was in a position to settle the debt in 2007,
at that point with interest i owed about £5.500 ish, on the advice of moorcrofts collector i offered them £4500 to settle, after a few months back and forth moorcroft refused to put the offer forward to santander, unless i filled out an income expenditure form, i did not want to give them my details so it was left there, until a few months later when i contacted santander,
they initially told me to talk to moorcroft, after explaining what happened i was told they no longer dealt with moorcroft and that i would be contacted by another agency.

Now the ccj came off my credit file in june 2011 and until now i have heard nothing.
Santander have now notified me that they have sold the account to hoist.
i have not had any contact with anyone regarding this case, or made any payments since moorcroft in 2007, i am no longer in a position to settle this or even make a payment plan as i am on a very low income now.
am i right in thinking that since the six years of ccj has expired they would need permission from the court to pursue this account, if this is the case how should i respond to robinson way.

thanks in advance for your help.
Craig

Well, Craig, it doesn't sound like you are in a position to offer them anything. I definitely would not launch into an argument with RW about the actions they can take on a ccj, as (ND pointed this out previously) they may not know there is a ccj on this.

So until you can offer something like 2k to settle this, or they actually start proceedings to enforce this one way or another, I would say to leave it alone

ukdalai

ok thanks, i see that its better to not argue unless necessary, but i was just trying to confirm they would need to gain permission to proceed since the six years was up over 3 years ago.

if they turn up on the doorstep it would be good to know where i stand.

there is no mention of the default on my credit file now, so can they restart more aggressive actions without going back to court.
the last few weeks ive had several calls from RW, as usual they hang up, the only time i spoke to them they refused to give me any info unless i did security with them, which i wont do.
Craig

fermi

To quote National Debline.

National_Debtline wrote: »

Hello there,

The general rule with the courts is that six years is sufficient time for a judgment creditor to enforce their judgment. It is only likely to be the case that enforcement would be allowed if they have frequently tried to enforce the judgment over the years without any luck. Allowing enforcement beyond the six years is very much the exception rather than the rule.

Two cases where permission to enforce on these grounds were refused are:
Duer v Frazer [2001] 1 All ER 249
Patel v Singh [2002] EWCA Civ 1938

Leave was granted in The Society of Lloyds v Longtin as the claimant had tried to enforce over the years.

There is also discussion within Patel v Singh that outlines that leave could be granted if the defendant has a significant improvement in their financial circumstances after the six years is over.

In reality, it is incredibly uncommon for a DCA to try and enforce a very old debt. Whether or not this happens in your case remains to be seen - though I would be very, very surprised if it happens. I cannot give you a definitive guarantee, however, DCAs can be a very unpredictable bunch at times.

Very best wishes,

David @ National Debtline.

fermi

ukdalai wrote: »

there is no mention of the default on my credit file now,

Any default MUST pre-date any CCJ so would have fallen off, so by definition they are not permitted to have one on your credit file now.

Mac72

Hi there, this is my first post and was wondering if anyone could clarify where I stand regarding long standing, non secured credit card debts and bank loan dating from 2007.

To cut a long story short, in 2006 I started to suffer form severe depression which lead me to basically quit work and retreat in to almost total isolation...yeah, bleak stuff indeed.

The obvious happened, with no income, the savings quickly ran out which lead to the non payments of the CC and BL, which stopped completely in Feb & Mar 2007.

After the first few phone calls from the companies concerned in 2007, I have made no payments on the debts or made formal contact with any (in writing) of the numerous debt collection companies that have bought and sold my debts over the years, until mid 2013 I would receive the usual threatening letters of measures they would take to recover the debts, which went straight into the unopened pile.
Once you've read one such letter you really don't need to read the same thing over and over again.

Seeing as I was single with no family commitments, no property, no job, no income and no assets of any kind...I figured what exactly could they take off me that I hadn't already lost?...nothing, so I chose to ignore any and all approaches from these debt companies, because basically, I just didn't give a crap.

Over the last 12mths or so the letters have stopped completely, and only recently started to care enough about my future to look more closely into what to do about the debts and discovered to my surprise the '6 year' law.

Does this, given my lack of formal contact with anyone since I defaulted in 2007, mean my debts are basically, in a legal sense, history and my credit file/score should be clear?

What would be the best way to start to gain access to the world again, in terms of Bank account and credit card?

Thanks for reading the sob story and any advice would be welcome.

poppasmurf_bewdley

Mac72 wrote: »

Hi there, this is my first post and was wondering if anyone could clarify where I stand regarding long standing, non secured credit card debts and bank loan dating from 2007.

To cut a long story short, in 2006 I started to suffer form severe depression which lead me to basically quit work and retreat in to almost total isolation...yeah, bleak stuff indeed.

The obvious happened, with no income, the savings quickly ran out which lead to the non payments of the CC and BL, which stopped completely in Feb & Mar 2007.

After the first few phone calls from the companies concerned in 2007, I have made no payments on the debts or made formal contact with any (in writing) of the numerous debt collection companies that have bought and sold my debts over the years, until mid 2013 I would receive the usual threatening letters of measures they would take to recover the debts, which went straight into the unopened pile.
Once you've read one such letter you really don't need to read the same thing over and over again.

Seeing as I was single with no family commitments, no property, no job, no income and no assets of any kind...I figured what exactly could they take off me that I hadn't already lost?...nothing, so I chose to ignore any and all approaches from these debt companies, because basically, I just didn't give a crap.

Over the last 12mths or so the letters have stopped completely, and only recently started to care enough about my future to look more closely into what to do about the debts and discovered to my surprise the '6 year' law.

Does this, given my lack of formal contact with anyone since I defaulted in 2007, mean my debts are basically, in a legal sense, history and my credit file/score should be clear?

What would be the best way to start to gain access to the world again, in terms of Bank account and credit card?

Thanks for reading the sob story and any advice would be welcome.

Assuming no County Court Judgements have been made, and you haven't made an acknowledgement or payment for more than six years, then yes, you are in the clear. The debts do still remain due but they cannot take action against you in the courts for payment.

Be warned though. If you owe money to banks, then they can claw it back if you still have accounts with them. And the Government can come back and set anything you owe them against any benefits or pensions you may get in the future.

Mac72

poppasmurf_bewdley wrote: »

Assuming no County Court Judgements have been made, and you haven't made an acknowledgement or payment for more than six years, then yes, you are in the clear. The debts do still remain due but they cannot take action against you in the courts for payment.

No CCJ's have been made against me, TBH I think the debt companies looked at my personal circumstances and realised whichever course of action they took, it would end up costing them money, which is why they never went down the CCJ or bankruptcy route, but simply did the minimum, and sent me the letters, just so as to remind me they hadn't forgotten about me, so to speak.

poppasmurf_bewdley wrote: »

Be warned though. If you owe money to banks, then they can claw it back if you still have accounts with them.

I don't have any bank account at the minute, and the only bank I owe/owed money to from 2007 was Barclay's, so obviously I wouldn't try and open an account with them, but what about another bank, would they let me?

poppasmurf_bewdley wrote: »

And the Government can come back and set anything you owe them against any benefits or pensions you may get in the future.

I don't owe any money to the tax man, if that's what you mean.

poppasmurf_bewdley

Mac72 wrote: »

No CCJ's have been made against me, TBH I think the debt companies looked at my personal circumstances and realised whichever course of action they took, it would end up costing them money, which is why they never went down the CCJ or bankruptcy route, but simply did the minimum, and sent me the letters, just so as to remind me they hadn't forgotten about me, so to speak.



The only bank I owe/owed money to was Barclays, so obviously I wouldn't try and open an account with them, but what about another bank, would they let me?

No reason why you shouldn't open an account with another bank.



I don't owe any money to the tax man, if that's what you mean.

Not just tax. Any overpayment of benefits can be treated the same way.

suite001

Can I suggest that somewhere prominent we put that the SoL does not apply if you have a CCJ against you for the debt, although if the creditor has not enforced it in the last 6 years, they cannot just start no.

Mac72

poppasmurf_bewdley wrote: »

No reason why you shouldn't open an account with another bank.

Any advice on how I should explain the near 8 year 'gap' in my financial life to them?

I presume any bank I approach are going to do some sort of background check (credit check??) on me before they let me open an account?

What sort of things are likely to show up?