Statute barred debt

fatbelly

Agent-007 wrote: »

I have been looking on the Internet and found some information about what my court appearance may have been for. It would seem that it was an 'order to obtain information'. Has this got anything to do with a CCJ?

Yes, that's what I assumed it was. You can only do that if there is an existing ccj

Agent-007

fatbelly wrote: »

Yes, that's what I assumed it was. You can only do that if there is an existing ccj

Do they have to prove to the courts that a CCJ was obtained before an 'order for information can be given? Surely if I have an historic CCJ it will drop from my credit file after 6 years. Is it worth not acknowledging that I am the person they are looking for? There is no way I can afford to repay the debt as I am on Carer's Allowance looking after an ex-soldier friend. I am so worried that I am frightened all my old debts will start coming out of the woodwork if I admit to this in my old name. I got into rather a lot of debt when I was married and when we divorced it took its toll on my health

sourcrates

Agent-007 wrote: »

Do they have to prove to the courts that a CCJ was obtained before an 'order for information can be given? Surely if I have an historic CCJ it will drop from my credit file after 6 years. Is it worth not acknowledging that I am the person they are looking for? There is no way I can afford to repay the debt as I am on Carer's Allowance looking after an ex-soldier friend. I am so worried that I am frightened all my old debts will start coming out of the woodwork if I admit to this in my old name. I got into rather a lot of debt when I was married and when we divorced it took its toll on my health

All this is water under the bridge now, have you checked your credit files to see if this CCJ is still registered ?

If it has dropped off due to time, then the creditor would have to go back to court anyway in order to further enforce this judgement, the court may say no.

If that is the case Your best bet is to write to the creditor outlining what Ive just said, tell them your personal circumstances, that you cannot pay it and why, mention the debt was statute barred at the time of judgement anyway, and if they do try to further enforce the judgement, you will apply for a set aside on that basis (try a little bluffing it cant hurt).

See what transpires.

Personally I dont think they will bother and wash there hands of it.

See that Fatbelly thinks.

Agent-007

Thank you sourcrates and also to everyone for your input on this matter.

Agent-007

sourcrates wrote: »

All this is water under the bridge now, have you checked your credit files to see if this CCJ is still registered ?

Would I have to search from my current address or would a CCJ show up regardless of which address I input? Also I have never been known in my married name at my current address as I reverted back to my maiden name 12 years ago so would I have to put in my old name? I'm confused in what to do.

fatbelly

OK, we seem to have moved on from discussions about statute barring to 'what should I do?'

From what you said in post #1 it's not clear that they know (1) that they have the right person and (2) that there is a ccj on this.

Unless you need to check your credit history ahead of a house move or a mortgage application, I wouldn't bother. As part of the process you are required to give previous names and previous addresses - exactly the sort of info the DCA is looking for.

Is this a DCA or a new debt buyer? Do they refer to 'our client' or mention the word 'assigned'?

Do the mention a court claim reference? This would be in the format 1AB23456 if it was an old one.

I think i'd be tempted to ignore this for now on the grounds that any contact may encourage them. But let us know what their next move is.

Agent-007

fatbelly wrote: »

OK, we seem to have moved on from discussions about statute barring to 'what should I do?'

From what you said in post #1 it's not clear that they know (1) that they have the right person and (2) that there is a ccj on this.

Unless you need to check your credit history ahead of a house move or a mortgage application, I wouldn't bother. As part of the process you are required to give previous names and previous addresses - exactly the sort of info the DCA is looking for.

Is this a DCA or a new debt buyer? Do they refer to 'our client' or mention the word 'assigned'?

Do the mention a court claim reference? This would be in the format 1AB23456 if it was an old one.

I think i'd be tempted to ignore this for now on the grounds that any contact may encourage them. But let us know what their next move is.

Many thanks, I really do appreciate the input. I will let you know tomorrow what the letter says as I do not have it with me at the moment

Agent-007

The letter says:

We have been instructed by XXXXXX to collect your overdue debt of XXXXXX

The purpose of this letter is to ask you to contact us so that we can discuss repayment of this account........... etc

At the end of the letter it says:

Both our client and we do not wish to take further debt recovery action, but you do need to be aware that if agreement cannot be reached by (date) we may have no alternative.

fatbelly

Sounds a bit vague and waffly to me. See what happens next.