ohitsonlyme
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ohitsonlyme last won the day on April 13
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Lloyds 10yrs old CCj now sold to cabot **WRITTEN OFF**
ohitsonlyme replied to ohitsonlyme's topic in Financial Legal Issues
I took the bull by the horns as I didnt want any issues when I die and my beneficiaries unable to handle it Result :Cabot have Closed their account Letter states I Believe that you remain responsible for this account However due to the age of this and the time that has passed I have made the decision to close the account. You will not be contacted by us or our agents again regarding this matter Onlyme again My letter to Cabot; I DO NOT ACKNOWLEDGE THIS OR ANY OTHER DEBT OR ALLEGED DEBT TO YOU I WILL NOT PAY ANY MONIES TO YOU FOR THIS OR ANY DEBT OR ALLEGED DEBT In previous correspondence you state that the alleged debt is in relation to a County Court judgement in favour of Blackhorse/ Lloyds You have shown no evidence of this or of transfer by The Court of any debt, CCJ or alleged debt to your company. Should you believe that you have authority for this alleged debt please supply copies of all documents showing your entitlement The original alleged debt is statute barred preventing you from you taking any action, I insist that you stop all contact with me in accordance with the limitations act 1980 The alleged CCJ being 13 years old cannot be enforced without an order from a court in favour the original creditor The alleged CCJ cannot be enforced by you without the order from the court in your name A court will not allow any changes to a CCJ without a further order I will Not pay any debt to you alleged or otherwise without the order of a court in your favour Should you continue to pursue me for this alleged debt I shall raise a complaint to the Financial Conduct Authority asking for their intervention The consumer credit handbook states: CONC 7.15.8R01/04/2014RP A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred. I am classified a vulnerable person due my various health issues, I insist that you stop any further letters or action I ask that you confirm in writing that you have no further interest in this or any other alleged debt -
Lloyds 10yrs old CCj now sold to cabot **WRITTEN OFF**
ohitsonlyme replied to ohitsonlyme's topic in Financial Legal Issues
THank you Uncle your reply is very helpful, Does any one know what sort of % Crapbots may accept -
Lloyds 10yrs old CCj now sold to cabot **WRITTEN OFF**
ohitsonlyme replied to ohitsonlyme's topic in Financial Legal Issues
Consumer debts Do not "die with you" if the estate has enough value to cover them The onus is on the exectors to pay any outtanding debts prior to benficiaries, It may not be enforcable but it is still a debt and by ignoring it the executors could be liable by acknoweldgning it the DCA will gain 100% of the £12k ccj that they paid pennies for During my lifetime I can ignore it but if they continue to send letters after my death then the executors my wife and child have a legal duty to sort it out/ pay it and I dont want thm to be left with the hassle or the costs of doing so. What is the best way to stop the letters now while I am alive -
Lloyds 10yrs old CCj now sold to cabot **WRITTEN OFF**
ohitsonlyme replied to ohitsonlyme's topic in Financial Legal Issues
Things change Ive got health issues Ive been writing my will and learning about probate, I could probably handle it if it was for someone else but my family couldn't I am trying to tidy my issues up and dont want to leave this as a mess for my kids. I want it out of the way and dont want to pay a scummy DCA -
Lloyds 10yrs old CCj now sold to cabot **WRITTEN OFF**
ohitsonlyme replied to ohitsonlyme's topic in Financial Legal Issues
ccj for £11k 14 years old -lloyds gained it and then sold the debt to DCA I get lettters every 3months or so, asking ne to call to arrange payment but I ignore and have considerred asking for a small full and final -
Lloyds 10yrs old CCj now sold to cabot **WRITTEN OFF**
ohitsonlyme replied to ohitsonlyme's topic in Financial Legal Issues
I have recently made a will and would like to understand how to deal with an very old ccj bought by a DCA so that they dont try to claim on my estate when I die. Pointers to other threads or advice welcomed Onlymeagain -
Well, it is now 8 months after completion of property 1 The document my ex received post completion wasnt a stat demand just a threatogram stating " If payment is not made by 26th July 2023 we reserve the rights to take enforcement steps to recover the judgment debt plus any further costs and interest" 6 months since letter and nothing else received Property 2 going on the market in the next month or so Updates will follow onlymeagain
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CCJ did add post judgment interest so far 0ver 3000 days copied from tinterweb:The sheriffs office: I thought it was interesting, I dont know the difference between action and enforcement Limitation Act 1980 Section 24 of the Limitation Act 1980 states that: An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable No arrears of interest in respect of any judgment debt shall de recovered after the expiration of six years from the date on which the interest became due. Lowsley v Forbes This situation was considered by the House of Lords in the case of Lowsley v Forbes where the claimant wished to enforce the judgment 11.5 years later, when the defendant returned to the country. The Lords ruled that the legislation barred the bringing of a fresh action, but that execution of the existing judgment did not count as a fresh action. Therefore the claimant was able to take enforcement action. However, the Lords did rule that the limit of six years’ interest did still apply. Impact of delays The main impact of a long delay in enforcement will be whether the judgment debtor can be located, has sufficient assets and is solvent. In the case of a business, it may have been wound up or gone into insolvency. There will also be the fact that only six years’ interest can be recovered. Permission will be required from the Court to obtain a writ of execution on a judgment more than six years old under RSC Order 46, rule 2(1)(a). The Court is likely to ask why there has been such a delay and will take this into account when making its decision. The judgment debtor may also challenge enforcement on the basis of delay. However, he will have to provide compelling evidence of the extent of prejudice to the debtor by reason of the delay.
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