sister paid statute barred debt

Clive_Woody

CakeCrusader wrote: »

In order for a bailiff to visit there needs to be a CCJ or a high court judgement

I suspect these weren't court appointed baliffs, most likely collection agents from whatever company bought this debt, particularly if they were saying a CCJ will be obtained and not that one has been issued.

Chrysalis

thanks for the replies guys I appreciate tho only replies if you have answers not to be judgemental.

Chrysalis

DCFC79 wrote: »

Dont tell me your going to phone the solicitor and ask them why they told your sister to pay, good luck speaking to them but they shouldnt discuss it with you since your not her client.

no I wont be doing that.

mjm3346

Chrysalis wrote: »

There is a fair chance I dont have the full story, I have not seen any of the paperwork as apparently the solicitor has all of it not given any copies to my sister. Maybe my sister did make some payments making it not barred (and hasnt told me) or there is some other legal way they can enforce it. If there is ideally would like to know here.

Also I have told her to consider a chargeback as a big chunk of it was paid on a cc but not to do it yet as that may cause more problems than it solves, but obviously doing a chargeback and then trying to use the statute barred law to say the payment isnt required I am not sure what kind of shaky ground that would put her on.

Any thoughts?

There would appear to be no basis to make a chargeback as she owed the money whether it was legally enforceable or not and if a chargeback was attempted she would be taking money from them (it's not her money once it's paid towards the account) so this might then be considered fraud or a "fresh" debt.

KatrinaWaves

Who is the solicitor? Why does he have the paperwork and not your sister? Clearly the solicitor is an interested party if he has the details and not your sister, hes not just some random she rang.

Kentish_Dave

I can’t see that anyone’s been judgemental, but my, some people could do with a bit of judgement and opprobrium, don’t you think?

sourcrates

OP are you in Scotland by any chance ?

Because the above only applies to England and Wales, in Scotland the debt is extinguished after 5 years, and cannot then be paid, if that were the case you can get her money back.

If you live in England or Wales, then the money has gone i`m afraid.

If these people were actual bailiffs, then the debt has already been to court, your sister will have a CCJ, and she has already failed to pay the judgement amount.

The only other explanation if the above is not the case, is that they were just debt collectors, and not bailiffs, two very different things altogether.

DCFC79

Chrysalis wrote: »

no I wont be doing that.

Thats good

Duke203

Your sister should feel really good about this. She had a responsibility for an amount owed, and then fulfilled her responsibility for that, albeit a few years late.


Congratulate your sister as she deserves to be, and enjoy the weekend :-)

sourcrates

Duke203 wrote: »

Congratulate your sister as she deserves to be, and enjoy the weekend :-)

Why because two thugs turned up at her door demanding money with menaces, single woman on her own, and in her terrified state she paid them ? ? ?

Yea massive congratulations........