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Old debt from 2005 going to court

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Comments

  • spicefox
    spicefox Posts: 21 Forumite
    edited 26 October 2014 at 1:30PM
    You aren't able to use the legal system to obtain a CCJ on SB. It's illegal.
    DFW NERD NUMBER: 1479
    Debt Free ETA: 30/04/2017
  • sourcrates
    sourcrates Posts: 32,070 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    spicefox wrote: »
    You aren't able to use the legal system to obtain a CCJ on SB. It's illegal.



    Read my post again, carefully.:)
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • spicefox
    spicefox Posts: 21 Forumite
    Pretty sure the onus is now on the DCAs to prove it's not SB with the introduction of FCA before court action is started.

    It's change a lot in the last 8 months
    DFW NERD NUMBER: 1479
    Debt Free ETA: 30/04/2017
  • sourcrates
    sourcrates Posts: 32,070 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    spicefox wrote: »
    Pretty sure the onus is now on the DCAs to prove it's not SB with the introduction of FCA before court action is started.

    It's change a lot in the last 8 months


    That has always been the case, however, the point we are trying to make is that a lot of these cases are won by default because the defendant does not reply to the court papers.
    Instead they rely on sending a letter to the creditor stating the debt is SB.
    Once court action has begun, this is insufficient, you must defend the case on the basis the debt is SB, otherwise you will lose by default, regardless of the debt SB status.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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