DrydensFairfax threat of CCJ

Bumblebum

My husband has spent the last 2 years clearing his debts to rebuild his credit file so we can apply for a mortgage. All is now cleared and his credit score is building. This morning he received a letter threatening Court Action for a CCJ in respect of an outstanding £3800. In his line of work he can't risk a CCJ so called them, said he would set up an agreed payment amount if it meant they would stop the CCJ action and he was sent a form to complete and return. He called back to confirm he'd sent it recorded delivery and they told him he would have to pay in full in 21 days for it to not proceed to action. He then spoke to a manager to say he'd had conflicting advice and she's raised a complaint on his behalf. He's just told me all of this in quite a state so we've checked his credit file and there's nothing showing on there. I've tried to look into this and believe it could have been Statute Barred? Has he ruined this chance by completing the form or can he still do SB or at least ask them to prove the debt?
Thank you in advance

WhenIam64

This morning he received a letter threatening Court Action for a CCJ

Depends if this was a debt collection letter or a real Pre-Action protocol. Would suggest it was a frightener.

The question is what was on the form? Was it an admission of a debt. If it was then being statute barred is now questionable.

sourcrates

Hi,

Does he recognise the debt as his ?

The first response to a debt collection letter would be to send the provit letter, phoning them was understandable, but not advised.

You need to give us some more detail here, if the debt was already statute barred, then nothing can unbarr it, once statute barred, always statute barred, basically speaking to them on the phone has done no harm.

What type of debt was it, when, what date, did it default, and what makes you think it’s statute barred ?

Asking for proof of liability is still an option he should pursue.

Bumblebum

Thank you. He says that he does think it might have been a credit card that defaulted (possibly around 2006) and then dropped off his credit file in December 2018.

I possibly don't have the full understanding of statute barred? I thought it was something you had to apply for?

Bumblebum

Thank you. The letter said they were going to take it to a County Court for a CCJ. He said the form had a tick box to agree it was his debt.

WhenIam64

Wondering if this recent case has had debt buyers/collectors "washing through" their files to see if they can catch people on the cusp of a debt being statute barred based on the new interpretation.

Asking for proof of liability is still an option he should pursue.

@Bumblebum - Dates of default are critical so as SC says, get details and dates. Not sure if the prove it letter could be amended for these circumstances

sourcrates

The limitations act stipulates after any period of 6 years without payment or written acknowledgment, a simple contract debt, will be statute barred, and you should inform the creditors of this immediately.

From the dates you’ve given us, the card became SB in 2012, so anything you’ve said or done since that date, will not affect the debts status one bit.

Dryden’s have been a tad deceitful here, you should now just cut to the chase and send this letter to them ASAP :

https://www.nationaldebtline.org/EW/sampleletters/Pages/Time-has-run-out-to-recover-the-debt-%28sole-name%29.aspx

WhenIam64

Dryden’s have been a tad deceitful here

Solicitors are never deceitful and if you suspect they are, then you report what you consider to be deceitful to the Solictors Regulation Authority for investigation.

fatbelly

From the dates given it sounds like the card was defaulted December 2012. Provided he did not acknowledge the debt between then and Dec 2018, the debt became statute barred at that point, as the default is now considered to be the point at which the clock starts ticking.

Just send the letter and let us know what nonsense they come back with.

MEM62

WhenIam64 wrote: »

Solicitors are never deceitful.

:rotfl::rotfl::rotfl:

poppasmurf_bewdley

Don't forget that one a debt becomes statute barred, it cannot be un-barred, ie once that six years has passed, nothing you do such as admitting the debt has any effect. It's still statute barred.