6yr 6 month parking ticket

nigelbb

fermi wrote: »

In other words, once statute barred it stays that way. permanently. No matter what you do after that.

However there is nothing to prevent a company chasing a statute barred debt (& debt collectors will often try it on) it's just that they cannot take the alleged debtor to court.

trisontana

What a complicated web this company has woven (from Companies House):-
[FONT=&quot]Company Number:[/FONT]
[FONT=&quot]08855263[/FONT]
[FONT=&quot]Date of Incorporation:[/FONT][FONT=&quot]21/01/2014[/FONT]
[FONT=&quot]Company Name:[/FONT]
[FONT=&quot]DEBT ENFORCEMENT AND ACTION LTD[/FONT]
[FONT=&quot]Registered Office:[/FONT]
[FONT=&quot]c/o CODDAN CPM LTD[/FONT]
[FONT=&quot]124 BAKER STREE[FONT=&quot]T[/FONT][/FONT]
[FONT=&quot]LONDON[/FONT]
[FONT=&quot]ENGLAND[/FONT]
[FONT=&quot]W1U 6TY[/FONT]
[FONT=&quot]Company Type:[/FONT]
[FONT=&quot]Private Limited Company[/FONT]
[FONT=&quot]Country of Origin:[/FONT]
[FONT=&quot]United Kingdom[/FONT]
[FONT=&quot]Status:[/FONT]
[FONT=&quot]Active [/FONT]
[FONT=&quot]Nature Of Business (SIC):[/FONT]
[FONT=&quot]None Supplied

[/FONT] [FONT=&quot]DIRECTOR:[/FONT]
[FONT=&quot]OHANA, SHIMON YEROCHAM MR[/FONT]
[FONT=&quot]Appointed:[/FONT]
[FONT=&quot]21/01/2014[/FONT]
[FONT=&quot]Date of Birth:[/FONT][FONT=&quot] 22/08/1974[/FONT]
[FONT=&quot]Nationality:[/FONT]
[FONT=&quot]AMERICAN[/FONT]
[FONT=&quot]No. [FONT=&quot]o[/FONT]f Appointments:[/FONT]
[FONT=&quot]1[/FONT]
[FONT=&quot]Address:[/FONT]
[FONT=&quot]12/14 TITOVA STR.[/FONT]
[FONT=&quot]DNIPROPETROVS'K[/FONT]
[FONT=&quot]UKRAINE[/FONT]
[FONT=&quot]49055[/FONT]
[FONT=&quot]Country/State of Residence:[/FONT]
[FONT=&quot]UKRAINE[/FONT]
[FONT=&quot]Recent Filing History[/FONT]

[FONT=&quot]Documents filed since 21/01/2014[/FONT]

[FONT=&quot]DATE[/FONT]
[FONT=&quot]FORM[/FONT]
[FONT=&quot]DESCRIPTION[/FONT]
[FONT=&quot]28/02/2014[/FONT]
[FONT=&quot]AP01 [/FONT]
[FONT=&quot]DIRECTOR APPOINTED MR SHIMON YEROCHAM OHANA[/FONT]
[FONT=&quot]27/02/2014[/FONT]
[FONT=&quot]TM01 [/FONT]
[FONT=&quot]APPOINTMENT TERMINATED, DIRECTOR MICHAEL GORDON[/FONT]
[FONT=&quot]21/01/2014[/FONT]
[FONT=&quot]NEWINC [/FONT]
[FONT=&quot]CERTIFICATE OF INCORPORATIONGENERAL COMPANY DETAILS & STATEMENTS OF;OFFICERS, CAPITAL & SHAREHOLDINGS, GUARANTEE, COMPLIANCEMEMORANDUM OF ASSOCIATIONARTICLES OF ASSOCIATION[/FONT]
[FONT=&quot] 21/01/2014[/FONT]
[FONT=&quot] LATEST SOC[/FONT]
[FONT=&quot] 21/01/14 STATEMENT OF CAPITAL;GBP 1[/FONT]
[FONT=&quot] 21/01/2014[/FONT]
[FONT=&quot] MODEL ARTICLES[/FONT]
[FONT=&quot] MODEL ARTICLES ADOPTED: PRIVATE LIMITED BY SHARES (AMENDED PROVISIONS)

[/FONT][FONT=&quot][FONT=&quot]As for "C[FONT=&quot]o[/FONT]d[FONT=&quot]dan"[/FONT]", they are a[FONT=&quot] company formation agent[/FONT][/FONT][/FONT][FONT=&quot]
[/FONT]

trisontana

Furthermore Michael Thomas Gordon has been director of 54 different companies over the last few years. Quite a few of them have been dissolved.

Triumphstag

The Financial Conduct Authority (FCA)

The Financial Conduct Authority (FCA) has published the Consumer Credit sourcebook (CONC) which looks at whether a debt is being collected fairly. Although the FCA cannot investigate individual complaints, you can still use their rules guidance when disputing a debt on the grounds of limitation. All of the rules and guidance applies, no matter how old the debt is. In the Consumer Credit sourcebook (CONC), the FCA includes the following rules and guidance:

• "...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4 Rule
• "It is misleading for a firm to suggest or state that a customer may be the subject of court action for the sum of the statute barred debt when the firm knows, or reasonably ought to know, that the relevant limitation period has expired." 7.15.7 Guidance
• "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8 Rule

You can make a complaint to your local trading standards department, who can look into your case. You can also complain to the FCA, as they can look into companies’ behaviour, even though they cannot deal with individual complaints. See the Useful contacts section later in this fact sheet, or contact us for advice.




Taken from the FCA website today, the above is the correct, current situation.


I advise on debt on CAG, under another nom de guerre, and agree that the only way to acknowledge a debt is in writing.
I would question whether a speculative invoice, if ignored, can give rise to debt. I suggest that the only way that such an invoice can become a legally enforceable debt would be for a district judge to decide that the money is owed and award judgement for the claimant,


TS

Stroma

Except that CEL are not members of the FCA, so as fermi said earlier they can still pursue statute barred so called debts, if a claim is issued it should be defended and try for it be struck out because of it being statute barred.

Triumphstag

The fact that they are not FCA regulated is not relevant.
There was debate on the legal situation and it is as above.
The OP should complain to Trading Standards ASAP and , of course, if CEL or DEAL are stupid enough to make a C.C. claim there is a very simple defence above.
.
TS

fermi

CEL are not regulated by the FCA so they do not have to pay a blind bit of notice to the FCA CONC rules.

They are not even CSA members.

nigelbb wrote: »

However there is nothing to prevent a company chasing a statute barred debt (& debt collectors will often try it on) it's just that they cannot take the alleged debtor to court.

Well they CAN take you to court, but the statutory bar of an expired limitation period represents a complete defence to any claim if the court agrees the claim is time barred.

Sorry to be a bit pedantic about the difference, but see a fair amount of "they can't take you to court" on forums when in fact some debt collectors can and do issue claims, basically trying their luck and gambling that a large enough proportion of people will not know about the SOL or fail to respond etc, to make it worth their while.

Coupon-mad

Anyone with one of these cases should send a robust complaint in all sorts of directions including the BPA and DVLA (surely chasing a statute barred debt is not fitting with 'acting professionally' and other parts of the BPA Code of Practice?).

fermi

Another one: http://www.legalbeagles.info/forums/showthread.php?55021-final-reminder-before-court-action