Statute Barred Confusion

RAS

yesterday's thread

https://forums.moneysavingexpert.com/discussion/4505403

Note that it is over 6 years since the judgement was issued.

Get advice from NDL about the chances of the courts agreeing to allow further action.

toby_puppy

thanks again RAS, appreciate your advice.
I'll get him to ring National Debtline tonight and see what they say

toby_puppy

spacey2012 wrote: »

He needs to do a CCJ search, they could be bluffing and have done so on many occasions. http://www.trustonline.org.uk/

Once you know what they have on file the advice can be tailored.

hello
we have used the above website to check for CCJ's. We have searched all addresses from 2000 - current date and there is nothing recorded.

I am wondering though maybe the Capquest one which they say judgement was entered 23 November 2006 would have just "dropped off" the file in November 2012 and if so, what are their chances of pursuing this or enforcing a payment plan?

According to the other balance of £6083 with Clarity, they state last payment made as December 2006. I'm assuming that if they had taken legal action, that it would have been at least February or March 2007 by the time it reached court and that it would have still shown on the CCJ search?

Clarity have not mentioned anything about CCJ's, just trying to get him to set up a payment plan, so looking at the above facts, would you think we would be pretty much OK to write a Statute Barred letter to Clarity?

Thank you.

toby_puppy

toby_puppy wrote: »

hello
we have used the above website to check for CCJ's. We have searched all addresses from 2000 - current date and there is nothing recorded.

I am wondering though maybe the Capquest one which they say judgement was entered 23 November 2006 would have just "dropped off" the file in November 2012 and if so, what are their chances of pursuing this or enforcing a payment plan?

According to the other balance of £6083 with Clarity, they state last payment made as December 2006. I'm assuming that if they had taken legal action, that it would have been at least February or March 2007 by the time it reached court and that it would have still shown on the CCJ search?

Clarity have not mentioned anything about CCJ's, just trying to get him to set up a payment plan, so looking at the above facts, would you think we would be pretty much OK to write a Statute Barred letter to Clarity?

Thank you.

Sorry to "bump" this just wondered if anyone could advise on the above and if they think that's a good plan of action? Prior to this post I had not check Trust Online for CCJ's.
Thank you.

RAS

have you spoken to NDL?

RAS wrote: »

Note that it is over 6 years since the judgement was issued.

Get advice from NDL about the chances of the courts agreeing to allow further action.

fermi

spacey2012 wrote: »

He needs to do a CCJ search, they could be bluffing and have done so on many occasions. http://www.trustonline.org.uk/

They only hold records of CCJs for 6 years.

If the one claimed by CrapQuest was from 2006, then it would not now show up on any search of the registry trust website.

spacey2012

There is one loop hole.
If the papers for the CCJ (assuming they had one) were served to an address you did not live at and you can argue they knew this.
The CCJ can be filled for a re-hearing.
The Initial CCJ gets wiped and they have to re-apply for it as if it were day 1 again.
On statute barred Debt, they are out of time as the first CCJ gets removed.
It is a loop hole, a small one.

fermi

toby_puppy wrote: »

thanks again RAS, appreciate your advice.
I'll get him to ring National Debtline tonight and see what they say

Probably a good idea. Seems we are talking about more than one debt/account here, which gets very confusing on a forum thread.

If they talk direct on the phone with a NDL advisor they can probably get to the bottom of things a lot quicker that we can trying to do it 3rd hand.

toby_puppy

Thank you everyone for your help.

Now we know there is a possibility that the Capquest debt is not Statute Barred (as they have mentioned a CCJ dated March 2006), is there a template letter anywhere on here that I can send them asking for proof of this CCJ, as obviously I don't even know if they are making this up because it would have fallen off the credit file anyway in March 2012.

We have cancelled the payment plan that we arranged with them but feel it best if we send something to them in writing in case they did decide to try and enforce the CCJ (although many of you have said it's unlikely given the time elapsed.) Mainly it's just in case they start sending letters again, that we can prove we have responded.

If anyone has a link to a template for that, would be most helpful.Thanks.

spacey2012

A subject access request demanding they copy all documents they hold that relate to the named in any way shape or form whatsoever and all information they hold produced by themselves.
Costs £10 they are some templates somewhere.

Plus the CCJ is not a credit agreement that can be sold , it is only valid between the parties named upon it.
If another entity wish to enforce it, they need one naming them.