Statute barred debts and the Limitation Acts

fatbelly

Phone conversations do not count as acknowledgement but payments do.

If it isn't quite six years then the first payment under the d/d will reset the clock.

So cancel the D/D, and keep an eye on your bank account in case it reappears.

Levvin

In 2004 I bought a van from an unscrupulous company on their in house finance for £2500
I needed a vehicle for work but had no other options.
The vehicle proved to be a worn out heap so I sold it back to them at a loss and requested a settlement figure.
They demanded £9538 !!!
I refused to pay this and heard no more off them...
Until I moved home and a year later recieved notice that I'd had a Ccj against me for this ludacrice sum without my knowledge.
This Ccj from 2005 is still current and I have not paid them a penny, but regularly get 'statement of arrears ' letters.
My fear is now I am a full time carer for my partner who has MS and is totally dependent on me, I myself had double pneumonia and heart faliure last autumn and as such cannot work at the moment until
My health improves.
I'm self employed engineer, but at present
My sole income is carers allowance.
My partner has military pension.

My fear and it has genuinely caused me to become clinically depressed, is these sharks deciding to action the Ccj.

I have a van my brother in law bought for us so I could continue working under light duties as I hopefully get better, and our old motor cycle I renovated. ( brother in law also paid for this as a gesture)
The van and bike are in my name on v5 but were bought by my generous relative to help our situation.
I plan to airbrush motorcycles as a job when I can't work as engineer any longer and this old bike was the guinea pig, as well as giving my partner some pleasure before the ms got too advanced.

Can these vehicles be siezed even though the bill of sales are in brother in laws name ?
Can I do anything to get rid of this unfair debt?
Can a Ccj be statute barred as I've not paid since it was taken out?

Advice would be very appreciated

sourcrates

If the CCJ was granted in 2005, the creditor would normally be expected to exercise there rights under that judgement within 6 years.
CCJ's don't become SB, they could go back to court again, but as they have had nearly ten years to act, and have not done so, it's likley the judge would throw out the case.

So I would not worry too much about it now.

Sange

Hi I have been searching through and cant find an answer to my question so hopefully someone can help , I had a debt with shop direct and made the last payment to them in January 2009 ... I am being chased by DCA for the debt who say they are taking me to court I sent them a letter saying it was Statute barred and they are saying it isn't because they are using the date of 2012 as this is when the debt past to the DCA I haven't acknowledged or made any payments to the DCA So can they use this date ?

poppasmurf_bewdley

Sange wrote: »

Hi I have been searching through and cant find an answer to my question so hopefully someone can help , I had a debt with shop direct and made the last payment to them in January 2009 ... I am being chased by DCA for the debt who say they are taking me to court I sent them a letter saying it was Statute barred and they are saying it isn't because they are using the date of 2012 as this is when the debt past to the DCA I haven't acknowledged or made any payments to the DCA So can they use this date ?

Send them our standard statute barred letter:

http://forums.moneysavingexpert.com/showpost.php?p=34906257&postcount=5

This warns them that continuing to pursue a debt once they have been told its statute barred is against the rules of the FCA.

fatbelly

Sange wrote: »

Hi I have been searching through and cant find an answer to my question so hopefully someone can help , I had a debt with shop direct and made the last payment to them in January 2009 ... I am being chased by DCA for the debt who say they are taking me to court I sent them a letter saying it was Statute barred and they are saying it isn't because they are using the date of 2012 as this is when the debt past to the DCA I haven't acknowledged or made any payments to the DCA So can they use this date ?

If they take court action and use that argument in their claim, they are wasting their money. Have they actually put that in writing?

Mirok

Hello,i was reading through you web and found really helpful advices. However I have been searching through and cant find an answer to my question so hopefully someone can help. I would like to ask you about what are the possibilities and what is the solution in your opinion for my case.

The story started in 1999 in Czech Rep. and court made desicion in 2005 that my person should pay cca £18.000 + interest. Since 2005 i never were contacted by creditor or his bailiff. Since 2006 i'm living in Scotland. I'm aware of 5year rule in Scotland but i'm not sure how does it work with foreign debt enforcement.

Please let me know if a foreign debt more 10 years old is still enforceable? If not than under what legislation. If yes than under what legislation?
Please what are your suggestions and leave your comments.

sourcrates

Mirok wrote: »

Hello,i was reading through you web and found really helpful advices. However I have been searching through and cant find an answer to my question so hopefully someone can help. I would like to ask you about what are the possibilities and what is the solution in your opinion for my case.

The story started in 1999 in Czech Rep. and court made desicion in 2005 that my person should pay cca £18.000 + interest. Since 2005 i never were contacted by creditor or his bailiff. Since 2006 i'm living in Scotland. I'm aware of 5year rule in Scotland but i'm not sure how does it work with foreign debt enforcement.

Please let me know if a foreign debt more 10 years old is still enforceable? If not than under what legislation. If yes than under what legislation?
Please what are your suggestions and leave your comments.

Hi,
Unsure what limitations would apply to a debt from abroad, but it's unlikley to be a problem to you now, in this country.
Going on the law here, a creditor has no limit in which to take action, once a debt has been to court, however if they have not exercised there rights after 6 years, they would have to go back to court in order to proceed, and they would need a very good reason as to why they had not already acted.

Based On the law of averages, I would say you were in the clear on this one.

National_Debtline

Mirok wrote: »

Hello,i was reading through you web and found really helpful advices. However I have been searching through and cant find an answer to my question so hopefully someone can help. I would like to ask you about what are the possibilities and what is the solution in your opinion for my case.

The story started in 1999 in Czech Rep. and court made desicion in 2005 that my person should pay cca £18.000 + interest. Since 2005 i never were contacted by creditor or his bailiff. Since 2006 i'm living in Scotland. I'm aware of 5year rule in Scotland but i'm not sure how does it work with foreign debt enforcement.

Please let me know if a foreign debt more 10 years old is still enforceable? If not than under what legislation. If yes than under what legislation?
Please what are your suggestions and leave your comments.

Hi Mirok and welcome to the forum.


It might be possible for this creditor to enforce its debt against you in Scotland by applying for something called a European Enforcement Order. It's very hard to say whether the age of the debt would affect matters, as the legislation on time limits will differ between the Czech Republic and Scotland and I can't comment on the law in other parts of the European Union.


If the creditor has no idea of your whereabouts, though, then this is not even a remote possibility and I see no reason for you to be concerned while living here.


Dennis
@natdebtline

Mirok

Hello "sourcrates" and Dennis. Thank you for your interest and reply. As you mentioned European Enforcement Order I made research and find out that Czech Republic entered in this European statute and recognise this order since 21.1. 2005. And my persons case (and court desition) is made before 2005. I do assume it mean that any international enforcement will be ilegal.
Any thought will be welcomed.
Regards
Miroslav