Limitation act -Creditor STILL chasing me! Help!

10past6

One thing to bear in mind.

Was there a CCJ granted to this debt, if so, the debt is NOT "Statue Barred" however, the DCA will have to TAKE LEAVE OF THE COURT for the debt to become enforcable.

Even then, because of the time scale, it's hardly unlikely the debt will become enforcable.

Craigyboy_2

Great!

Now im armed with my two letters, ive used the statute barred one for both and put the relevent quotes in. Ive told Aktiv Capital that i shall be making a harassment complaint against them if i am not satisfied with their response! I'll go get myself some stamps and hopefully this time it'll be the last!

Thanks for all your help, and links! Really appreciate it!

I'll post when i get the replies just to keep up to date whats happening. Hopefully this might help some other people in similar situations!

Thanks again!

Craig

Craigyboy_2

ps No, luckily no CCJ against me - I did have a default show on my credit file that was put on in 2001 from Tricity, which has caused me numerous credit problems. I emailed the credit reference agency in 2006 when six years had passed and it was removed. Checked my file just before Xmas and it was showing as "Good" credit rating - finally! I'll keep an eye on it, just incase they try and register it again, but as far as i know they cant put the same debt on twice so if they do - it should be simple to remove it - i hope!

Cheers again!

carpetbelly

10past6 wrote: »

One thing to bear in mind.

Was there a CCJ granted to this debt, if so, the debt is NOT "Statue Barred" however, the DCA will have to TAKE LEAVE OF THE COURT for the debt to become enforcable.

Even then, because of the time scale, it's hardly unlikely the debt will become enforcable.

I work for a bank and even I'm unsure of this bit...

So basically, if they get a CCJ against you it cannot be statue barred? But if the CCJ drops off your file after 6years and you never knew it was there what would be the case? How would you know if you had a CCJ against you as it's dropped off? Personally I struggle to go 6 weeks without looking at my file, let alone 6yrs but I know some people who do and rarely use credit hence why they might not know.

fermi

carpetbelly wrote: »

So basically, if they get a CCJ against you it cannot be statue barred?

Have a read through the National Debtline factsheet I linked to in an earlier post.

County Court Judgments

INFORMATION
If the creditor has been to court and there is a county court judgment outstanding, then you cannot use the Limitation Act to dispute you owe the debt. It does not matter how many years ago the creditor went to court; the county court judgment will still exist. However, the creditor may not be able to enforce the judgment without the court's permission if the judgment is over six years old. Phone us for advice.

If you think the creditor has been to court and got a county court judgment against you after the debt is out of the six year limitation period, then you can ask the court to 'set aside' or remove the county court judgment so you can put in a Limitation Act defence.