CCJ on a statute barred debt

poppasmurf_bewdley

Steve_xx wrote: »

I googled this company and came across this

http://www.consumeractiongroup.co.uk/forum/showthread.php?442161-Cabot-weightman-claimform-Vanquis-debt/page2

First, I would actually remove the letter that you have posted. It reveals too much detail that may prove unhelpful to you.

This outfit have obviously bought the said debt. I wouldn't respond until and if you receive any genuine court papers. Any response either verbal or written tends to fire these companies up. A still tongue in a wise head often does the trick. Remember, they don't know if you're a man of stone or not, and if you are then there's little benefit in them persuing it.

Reading the letter, it seems that they are trying to coax you into acknowledging that a debt may have existed. Of course you know that you must resist doing anything like that.

Don't forget that once a debt becomes statute barred, it cannot then become unbarred. Once statute barred, always statute barred, and no amount of acknowledgement can alter the fact.

fermi

sourcrates wrote: »

Is it a claim form ?

No, and not even a compliant letter before claim really.

Steve_xx

poppasmurf_bewdley wrote: »

Don't forget that once a debt becomes statute barred, it cannot then become unbarred. Once statute barred, always statute barred, and no amount of acknowledgement can alter the fact.

Yes, but its always better to be cautious about any acknowledgement that it may have existed.

Steve_xx

sourcrates wrote: »

I see you've removed the letter, can you clarify what it said ?


Is it a claim form ?

The letter contained rather a lot of detail, ie the precise amount, the name of the company/s involved etc. Therefore it would have been very easy for the company to detect who the poster is and of course they would also be able to see what advice was being offered here and it might cause the company to ratchet things up.


The letter was typical, ie stating that they might have to advise their client to take an action if no response is obtained within 7 days as to how the debt is going to be settled. It contained one or two "mights".


I advised the poster that it would probably be a good idea to remove the letter.

sourcrates

Stu82, making a CCA request may serve a purpose here.


It would automatically put the account "on hold" whilst the request was actioned, so may buy you some more time, as legal action cannot be commenced whilst a request is outstanding, the average response time is around 40 days, and you would not be acknowledging the debt by doing so.

33days

Thanks again people' really informative and helpful.. Sourcrates what is a CCA?

sourcrates

stu82 wrote: »

Thanks again people' really informative and helpful.. Sourcrates what is a CCA?

Request for a copy of the original credit agreement, do a search on Google, would serve two purposes, one, if they cant provide it, they wont be able to enforce through the courts, and two, it will waste approx. 1 month so strengthening your statute barred case.


Ah, as you were, just read this on legal beagles, so may not be a good idea after all :



Originally Posted by CleverClogs
"A request made under section 77 or section 78 of the Consumer Credit Act 1974 certainly could be taken as acknowledging the alleged debt but, if the alleged debt is already statute barred (section 5 of the Limitation Act 1980) then it remains barred regardless of what untruths the debt collecting drones might tell one"

33days

i received a letter threatening action around 2/3 months ago i shared it on here and the advice was to ignore it as it didn't say anything other than "we might", well today i have received ccj papers..

A little insight to the debt, i believe it to be SB and the default is due to drop of my file on the 9 November, i called the claimant solicitors today but they refuse to give any information and where rather snotty and just said its with the courts now..

What is my best way to go next ?

rizla_king

Need to get advice on one of the legal forums like http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

DandelionPatrol

stu82 wrote: »

i received a letter threatening action around 2/3 months ago i shared it on here and the advice was to ignore it as it didn't say anything other than "we might", well today i have received ccj papers..

A little insight to the debt, i believe it to be SB and the default is due to drop of my file on the 9 November, i called the claimant solicitors today but they refuse to give any information and where rather snotty and just said its with the courts now..

What is my best way to go next ?

Well, if you have received a CCJ, your options are to appeal or to comply with the order to pay up as best you can.

If you have received a CCJ, it means that you either did not make the argument that it is SB when you received court claim papers or you lost that argument.