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Bailiffs and Sheriff Officers Your rights when dealing with bailiffs and sheriff officers


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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 13th April 2007, 12:15   #1 (permalink)
Lilandrael
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Watch out, there are Claims Touts about!

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Join Date: Apr 2007
Posts: 1
Lilandrael Novitiate
Question URGENT - Rossendales Rent Debt to NCL Council

Your Homes Newcastle sent me a letter in Nov2006 asking me to pay a rent debt that was accrued between Oct1997 and Oct1998.
I recieved 2 letters in November(Both Identical) requesting payment in full (approx £1500)
I then received another letter on the 11 dec06 stating that the council could still apply to the court for a CCJ or pass the matter to a DCA.
I sent them the CAB letter requesting that they note that the debt was statute barred.

On the 5th of Jan I received a reply which stated that they could not confirm that I would not be contacted again and that "The rent remains outstanding and payable." But no mention of a CCJ.

The next letter I received was from Rossendales Colect Lmited informing me that the debt had ben passed to them and asking again for the full amount.

I wrote the same letter to them. This was ignored and I received another standard letter from them back stating that to prevent the matter proceeding to court I should pay them.

Having had previous experience of DCA's I sent another copy of the letter to them via email and then copied it into a paper version which I sent them again... this time by Recorded Signed for Post. I have had to contact the Royal Mail as authough the letter is listed as posted their is no ePoS. Delivery was confirmed as being on the 2nd of Mar 06
I then received a "final demand" at the end of March.

Finally .. this morning I received a "Notice of Visit" again asking for full payment or for me to call them again , on a premium rate number no less.

3 Questions:
How is this enforceable?
If they have a CCJ is it enforceable if they have refused to inform me of it?
Would I be able to get the CCJ set aside if they have not informed me of it.

What should I do next?
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Old 14th April 2007, 20:49   #2 (permalink)
lookinforinfo
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lookinforinfo Authoritativelookinforinfo Authoritativelookinforinfo Authoritativelookinforinfo Authoritativelookinforinfo Authoritativelookinforinfo Authoritativelookinforinfo Authoritativelookinforinfo Authoritativelookinforinfo Authoritative
Default Re: URGENT - Rossendales Rent Debt to NCL Council

If there has been no CCJ applied already, it is unenforceable. Complain to
your Local Trading Standards office about both the Council and Rossendales
pursuing you for a statute barred debt. Don't bother writing to either of them
again as you have already told them the debt is out of date
They should not take you to Court since they have no chance of winning.
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Old 15th April 2007, 10:26   #3 (permalink)
setmefree
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setmefree Informativesetmefree Informativesetmefree Informative
Default Re: URGENT - Rossendales Rent Debt to NCL Council

Statute Barred

A debt is considered Statute Barred if a creditor has not contacted a debtor for a period of 6 years and no action has been taken on the account.
Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt. It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable. It is also considered an unfair practice if the creditor or debt collector press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970.

I hope this clarifies matter's for you
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