CCJ issued - could be statute barred. HELP please!

National_Debtline

Hi Simon


Good news, well done.


This is only one case but it does illustrate the value of not allowing oneself to be intimidated by legal firms when the facts appear to be on one's side.


Dennis
@natdebtline

simonmills86

National_Debtline wrote: »

Hi Simon


Good news, well done.


This is only one case but it does illustrate the value of not allowing oneself to be intimidated by legal firms when the facts appear to be on one's side.


Dennis
@natdebtline

Thanks Dennis.

I suppose it's only inevitable when debt gets passed through several hands that the ownership of the facts and potentially crucial information gets lost somewhere along the lines.

It makes sense now as to why these legal companies try and push you into a corner and bully you into making payment plans with them, as they know the minute you give in they have you bang to rights.

The more you probe and the more you ask questions of them, the less reluctant they seem to be in getting in touch with you.

I had another unrelated debt company ring the other day over a loan I took out in 2006! Thanks mainly to the research and info I'd gathered on here I knew I could tell them where to go. So when I asked them to send all my account history and details for my perusal they said it would arrive in the post. Needless to say it hasn't arrived and I'm confident it probably never will!

How these so-called legal firms are allowed to act in such immoral ways is beyond me.

My advice to anyone in a similar situation to me would be even if you're 99% sure the debt isn't statute barred, make them work and sweat on proving that it is.

JunoJuno

Just been to small claim court. Judge would not accept last payment date. Went with default date claimant used court of appeal judgement 'BMW v Hart' which was over an HP debt.
I was there re a personal loan ! So have things changed ??? Or was my Judgement unlawful ?
Do I appeal or ask for set a side ??? Any thoughts would be helpful
Juno

JunoJuno

First had a hearing for directions. Judge stated original documents only as photo copy's not admissible, this was to claimant. But at main hearing judge dismissed this and allowed copy's.
Claimants had no original paperwork ! The whole hearing just felt like a stitch up.
The main hearing was taped, but are hearings for directions ?

fatbelly

This is happening more often.

CAB Specialist Support released the text here

https://forums.moneysavingexpert.com/discussion/comment/62859763#Comment_62859763

at the time of the judgement. However, creditors seem to be convincing many judges that this applies to all circumstances. You would have to appeal but really need some support here, more specialist than I could offer.

You could do worse than ask this guy

JunoJuno

Hi Fatbelly
Many thanks for you reply will check your links out thanks.
Juno