CCJ on a statute barred debt

fermi

Anthorn wrote: »

But even then it is not statute barred if the address has changed without informing whoever or whatever the debt is owed to.

Not true. Concealment or hiding your whereabouts does not prevent time from running and a debt becoming statute barred.

A creditor has the option of starting proceedings within the time limit even if they do not have a current address, by using your last known one.

Money Advice Trust debt advisor training quotes.

'It is for claimants to prove that they could not reasonably have discovered the facts concealed by the defendant (Paragon Finance v Thakerar 1999). The mere fact that a defendant cannot be traced, with the result that the claimant does not commence proceedings, does not prevent (a cause of action from accruing and) time from running. Even where a person is deliberately hiding from a claimant the 'concealment' provisions relate only to concealment of the cause of action and not to cases where debtors conceal themselves from the claimant (Lowsley v Forbes 1999)

Steve_xx

Anthorn wrote: »

But even then it is not statute barred if the address has changed without informing whoever or whatever the debt is owed to.

It would be statute barred even if the person had moved.

Steve_xx

stu82 wrote: »

It was a non priority (credit card) and i just stopped when the payment where to much. So im pretty sure it is now Barred but i will send the S/B letter and see what their response is.....

I'm having second thoughts on this. I think it unwise to send any letter acknowledgement at this point as in doing so you could be opening a can of worms.

If you are certain that 6 years have elapsed then best to do nothing. However, if there was ever a CCJ issued for this then there would be no end date on that.

You would be advised to check your credit file in the first instance.

Also have a look at the National Debt helpline who have an online webchat facility which I advise you to make use of:

https://www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Default.aspx#

magpiecottage

The FCA and FOS both take a dim view of a credit card provider attempting to pursue a statute barred debt. However, you would need to complain to the provider first.

33days

Steve_xx wrote: »

I'm having second thoughts on this. I think it unwise to send any letter acknowledgement at this point as in doing so you could be opening a can of worms.

If you are certain that 6 years have elapsed then best to do nothing. However, if there was ever a CCJ issued for this then there would be no end date on that.

You would be advised to check your credit file in the first instance.

Also have a look at the National Debt helpline who have an online webchat facility which I advise you to make use of:

https://www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Default.aspx#

Im as sure as i can be that it is barred as the date of account opening is 2005, defaulted in 2009 and i pretty sure i didnt have the card for 4 year without issue. So best to just let it run its course you think.?

And thanks for all the input from all

boo_star

stu82 wrote: »

Im as sure as i can be that it is barred as the date of account opening is 2005, defaulted in 2009 and i pretty sure i didnt have the card for 4 year without issue. So best to just let it run its course you think.?

And thanks for all the input from all

You need to be more specific. I assume

i didnt have the card for 4 year without issue

means you had the card for 4 years without issue?

The date you opened the account is irrelevant, what matters is when you last paid or acknowledged the debt. When was that?

Steve_xx

stu82 wrote: »

Im as sure as i can be that it is barred as the date of account opening is 2005, defaulted in 2009 and i pretty sure i didnt have the card for 4 year without issue. So best to just let it run its course you think.?

And thanks for all the input from all

As boo_star says, the 6 year timer starts from when you last made a payment on this account or from the point when you last acknowledged that there was a debt in existence.


You should check your credit file to see if there is any reference to this. That should be your starting point. You can do this by getting a free report from Noddle.co.uk - although it is said that Noddle reports aren't as comprehensive as the likes of Experian.


For the moment I would not contact them. Sometimes companies buy a debt and then start issuing letters in the hope that something that can be construed as an admission is received from the said debtor. So I would desist from providing them with anything like that.


I would strongly advise you to have a webchat with the National Debtline and they will guide you through this far better than we can. Because they will ask you for relevant detail and they will be able to better establish what your position is and they will better advise on what course you should take.


You seem uncertain about the timings and of course as you will have gathered, these timers are crucial.

jamesd

stu82 wrote: »

As title says i have a debt that is now statue barred but i received a letter threatening that as i have not replied to previous correspondence, they have no other option but to apply to the courts... What would be the best course of action let them apply to the courts and wait for the court to contact me or contact them directly...?

Since there is some doubt, just ignore them. It's safe and you can claim a statute barred debt as a defence if they actually do take it to court. Without the risk of them claiming that your reply now is an acknowledgement of the debt that restarted the clock.

If you were certain, here's the sort of thing that I'd have written. The OFT debt collection guidelines that the FCA now enforces say in part that it is not acceptable to engage in:

"False representation of authority and/or legal position
...
Examples of unfair practices are as follows:
...
falsely implying or stating that action can or will be taken when it legally cannot"

So if you were absolutely certain that it is statute barred you could either ignore the letter or make a complaint to them seeking redress for their unfair debt collection practice of threatening legal action when none is possible. They would probably decline to pay then you could take them to the Financial Ombudsman Service.

Also worth noting the OFT guidance in relation to statute barred debt that:

"if a creditor has been in regular contact with a debtor before the debt is statute barred, then we do not consider it unfair to continue to attempt to recover the debt"

So don't give them an excuse to continue chasing you by communicating with them even though:

"continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970"

It's probably not worth the hassle to you of dealing with that even though you could.

boo_star

jamesd wrote: »

Since there is some doubt, just ignore them. It's safe and you can claim a statute barred debt as a defence if they actually do take it to court. Without the risk of them claiming that your reply now is an acknowledgement of the debt that restarted the clock.

If you were certain, here's the sort of thing that I'd have written. The OFT debt collection guidelines that the FCA now enforces say in part that it is not acceptable to engage in:

"False representation of authority and/or legal position
...
Examples of unfair practices are as follows:
...
falsely implying or stating that action can or will be taken when it legally cannot"

So if you were absolutely certain that it is statute barred you could either ignore the letter or make a complaint to them seeking redress for their unfair debt collection practice of threatening legal action when none is possible. They would probably decline to pay then you could take them to the Financial Ombudsman Service.

Also worth noting the OFT guidance in relation to statute barred debt that:

"if a creditor has been in regular contact with a debtor before the debt is statute barred, then we do not consider it unfair to continue to attempt to recover the debt"

So don't give them an excuse to continue chasing you by communicating with them even though:

"continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970"

It's probably not worth the hassle to you of dealing with that even though you could.

I was trying to avoid the OP the unnecessary hassle of defending it in court but by all means OP, follow this advice if you want to be stuck in a lengthy legal battle with a DCA. Personally I'd rather just head them off at the pass and send a "without predjudice" SB letter.

Steve_xx

boo_star wrote: »

I was trying to avoid the OP the unnecessary hassle of defending it in court but by all means OP, follow this advice if you want to be stuck in a lengthy legal battle with a DCA. Personally I'd rather just head them off at the pass and send a "without predjudice" SB letter.

No no, I wouldn't send the "without prejudice" letter at this stage. doing so may just play into the hands of the company concerned.


The poster ought to check their credit file in the first instance to see if there's anything on it referring to this debt. And if there isn't then it's probably ok to leave it alone.


The poster should contact the National Debtline in the second instance, especially if there is some reference to this on their credit file.


There will need to be greater certainty here regarding the dates.