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Clarification on old Debt
DisabledDan
Posts: 144 Forumite
I am just seeking some clarification of the what happens to old debt where no debt solution is taken
My understanding is
Stop payments and inform creditor you will not be making any further payments
Debt chased by creditor
Default letter
Debt sold to debt company after debt company for up to 6 years of chasing
with potential for CCJ for a further 6 years of chasing
a. During this time many attempts of alleging a CCJ or sending Court Applications that have no stamp from the Court for attachment of earnings and/or Warrant of Control.
b. For Non Consumer debt it may be raised to High Court Enforcement who can't enter your home unless you leave a door open or let them in, but they can take a car or enter your garage if it is unlocked.
c. For the High Court enforcement the Warrant of Control is valid for a year.
d. Am I right in thinking that the debt remains owed but unenforceable after either the Statute Barred period or after the CCJ each pass 6 years.
e. Is this the same for the High Court Debt after 6 years?
f. Am I right in thinking that the debt remains part of your Estate when you die even if expired and can they make a claim on your Estate or does it remain unenforceable?
g. In you did a DRO for £50k of debt but did not include £40k of debt that expired, would they be able to make a claim on your Estate for the £40k of debt that expired.
h. Also that if a debt collectors chases a debt that is unenforceable they are in breach of Conc rules? What number /reference of conc rules?
i. If you suddenly win the lottery with all your debt past 12 years. i.e. 6 years with no CCJ or 6 years after a CCJ, does it change any of the above?
My understanding is
Stop payments and inform creditor you will not be making any further payments
Debt chased by creditor
Default letter
Debt sold to debt company after debt company for up to 6 years of chasing
with potential for CCJ for a further 6 years of chasing
a. During this time many attempts of alleging a CCJ or sending Court Applications that have no stamp from the Court for attachment of earnings and/or Warrant of Control.
b. For Non Consumer debt it may be raised to High Court Enforcement who can't enter your home unless you leave a door open or let them in, but they can take a car or enter your garage if it is unlocked.
c. For the High Court enforcement the Warrant of Control is valid for a year.
d. Am I right in thinking that the debt remains owed but unenforceable after either the Statute Barred period or after the CCJ each pass 6 years.
e. Is this the same for the High Court Debt after 6 years?
f. Am I right in thinking that the debt remains part of your Estate when you die even if expired and can they make a claim on your Estate or does it remain unenforceable?
g. In you did a DRO for £50k of debt but did not include £40k of debt that expired, would they be able to make a claim on your Estate for the £40k of debt that expired.
h. Also that if a debt collectors chases a debt that is unenforceable they are in breach of Conc rules? What number /reference of conc rules?
i. If you suddenly win the lottery with all your debt past 12 years. i.e. 6 years with no CCJ or 6 years after a CCJ, does it change any of the above?
0
Comments
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Lots of questions there lol.
OK, answers:
(A) Creditors must follow civil procedure rules, a letter before action must precede a claim form.
(B) That applies to any and all bailiffs.
(C) I believe so yes.
(D) Yes in England/Wales, in Scotland the debt is extinguished.
(E) Any simple contract debt, yes.
(F) Grey area, but statute barred is on the statue books so is the law of the land.
(G) Only if it was still legally collectable.
(H) CONC 7.15.1 G
(I) No, no one else can take your money.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter1 -
Why not tell us about your actual situation?1
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Almost all of the above, except I have not won the lottery and I am not dead....Yet!fatbelly said:Why not tell us about your actual situation?0 -
Thanks a lot for answering all, I was just thinking that the only thing for certain in life is Death and Taxes plus the taxes after death!!sourcrates said:
(I) No, no one else can take your money.0
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