Statute Barred - but given CCJ

billypre

Thanks Guys, you have given me great advice and more knowledge. I will send out a SAR to Nortons....wait, just realised it's not nortons, but Nolans lol. Anyway....... i'll send them a SAR and they will have all details of exactly what was the loan for, when it was paid, not paid and every little detail on file including all their charges etc ? Can they hold anything back and how would i know ? Don't want to send them £10 knowing they can just edit and send what they feel they can get away with ?

Happiness rating tonight risen from 6/10 now to 9/10 !!!! I truly love this forum, and more importantly the members and ordinary folks who go out of their way to help. There's hope for humanity yet !

billypre

Sorry for so many posts but........

If all went best scenario and i got the SAR back saying it was indeed statute barred. Would that mean that i could then get the Decree(CCJ) removed from my credit file ?

Hannah_10

billypre wrote: »

Anyway....... i'll send them a SAR and they will have all details of exactly what was the loan for, when it was paid, not paid and every little detail on file including all their charges etc ? Can they hold anything back and how would i know ? Don't want to send them £10 knowing they can just edit and send what they feel they can get away with ?

In short you don't know that they wont, but then the law is the law. You don't know that companies wont break the Data Protection Act either, but generally most don't. If you have grounds to believe that the company broke any applicable law then you can get the office of fair trading, trading standards and/or the financial ombudsman involved and so on- so you would have some recourse to complain.

Ultimately though, until you see their file you are guessing as you don't have your own records. A SAR really does mean EVERYTHING they have on you, even those little telephone pad notes people make in offices... If it survives and it's about you expect it to hit the doormat soon. They can't hold anything back (God I cringe when I think of some of the things I wrote on internal case files in my past life as a Customer Care Officer... ). In short- if they have it, they have to send it. If they don't send something then I suspect you'll only work that out by pouring over it Sherlock Holmes style but then anything they don't send you they can hardly use against you either unless they want thier case to collapse in a big sticky heap.

You should see the original consumer credit agreement, the terms and conditions, the repayments, any letters to and fro and so on. Have a really good hard look at it. Do you see anything odd there? Sometimes DCA's have been known to add a totally ficticious payment just to keep a debt from going SB, so if you always payed £100 a month, then some years after you stopped it says you paid £30 and you don't remember it then get suspicious!

When you've given it the once over look up the unenforcibility thread (usually on the first three pages of this board) and start working through the flow charts. Be warned, it's not a short thread, this could take you a couple of evenings to even get started. That thread will tell you a lot more about what's unenforcible (including statute barred) than I can repeat here.

billypre

Thanks Hannah Will send the SAR request and post back.

GeorgeUK

I'd also give the nationaldebtline a call to seek further advice and clarification on a Scottish debt having a CCJ. Still not too sure what's going on there. They may be able to make sense of it and will also be able to advise as to whether it would be statute barred.

billypre

Hannah_10 wrote: »

When you've given it the once over look up the unenforcibility thread (usually on the first three pages of this board)

Been looking for this but can't find it at all

GeorgeUK

Here's the link you want. https://forums.moneysavingexpert.com/discussion/2532927
Niddy no longer posts on this board as the Trolls got to him and there was little support from the moderators. There are still lots of people on the board that know about unenforcable CCA's though, but maybe not as well as Niddy did.

billypre

Thanks George. I am gutted never-in-dount has been "had" by trolls, it looks like he was one amazing person and a truly great poster. I am in awe reading all the work he done and that one topic. I am only just finishe dreading all his template letters lol !!! Can't wait for the thread proper to start, this is better than any novel i've ever read

DarkConvict

One topic :P That was his 4th main topic on CCA. If not maybe the 5th given the informal one before it.

billypre

Yeh i see more topics lol. Amazing threads. Guy was an absolute Gem. What a shame that trolls do what they do and get to people.