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    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
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What happens to a CCJ after 6 years?


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Sorry if this is in the wrong place .. please move if needed, thanks.:)

 

Decided that it was about time I did a thorough sorting out of all and sundry old debts (old being over 6 years .. most are about 8 years old).

 

I have applied to the courts place to see what CCJ's I had and am awaiting their response. I am sure I have 1 or 2 that have never been enforced but it was so long ago and in a horrible period of my life I cant remember.

 

I know about the old debts not being enforceable etc but what happens to old CCJ's?

 

They no longer show on my credit report.

 

If someone came knocking on my door asking for the money now what would happen?

 

Thanks very much.

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You are fine here.

 

If you want to know what CCJs you have you should do a search here, it costs £8.00.

 

I woud not worry about old CCJs, deal with them if they ever rear their heads.

If I have been helpful please click on my star and add a comment.

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Does the 'statute barred" scenario not come into play if it was a CCJ ?

 

 

I have been told no it doesn't.:(

 

If I am wrong someone will correct me

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But they have to take you back to court to reenforce it after 6 years

 

 

Ida

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Thanks for the replies everyone. I have applied and paid the £8.00, just waiting now for the reply.

 

I just thought it best that I know whats what, 'in case' anyone should come a knocking.

 

So after the 6 years, the creditor would have to go back to the court before they could come and demand the money?

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So after the 6 years, the creditor would have to go back to the court before they could come and demand the money?

 

It's looking that way.

Seems a good time to CCA them and if there is no CCA go for having the original CCJ set aside (is that right IDA?)

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If a judgement has not been enforced for 6 years from the date of judgement, Then under section 24 of The Statute Of Limitations Act 1980 the creditor would have quite a hard time trying for further enforcement action

 

Time limit for actions to enforce judgments

(1) An action shall not be brought upon any judgment after the

expiration of six years from the date on which the judgment

became enforceable.

(2) No arrears of interest in respect of any judgment debt shall be

recovered after the expiration of six years from the date on which

the interest became due.

 

 

Hope that helps

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Ah, so it doesnt become statute barred as such,,, just very difficult to enforce?

 

 

'in case' anyone should come a knocking

 

If anyone comes a knocking, just tell them they're tresspassing and to sod off and write to you.

There's a "Doorstep Visits" letter somewhere around here which will explain.

Edited by stikky62
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Ah, so it doesnt become statute barred as such,,, just very difficult to enforce?

 

 

By the very fact that they cant enforce the judgement, equates to statute barred.

 

After 6 years All details of the judgement are removed from the registry trust database.

 

The creditor would then have to instigate the process from the start, and how likely do you think that they would still have all of the original documentation to carry this out ???

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Found It

 

DOORSTEP COLLECTION VISIT – PLEASE READ CAREFULLY

 

YOUR REF 123456

 

 

Dear Cretins

I refer to your recent correspondence

 

I note it is your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and civil action will be taken

For the avoidance of ANY doubt. Please be advised that this alleged debt is the subject of a serious dispute. The matter is presently being investigated by the Financial Ombudsman Service so I will not be entering into ANY further correspondence with you until their investigation is completed

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Above is all correct. They have to reapply the judgement but obviously what you would do is the CCA and or SAR as they would need to provide the original agreement and the original details fo the CCJ which you would try and contest i.e default notice as such not properly executed.

 

 

There would be much more you could try and get them with.

 

( I has one that due to drop off my CF in Dec 08, would rather wait for it to disappear then try to contest it, keeps everything crossed)

 

Ida x

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how likely do you think that they would still have all of the original documentation to carry this out

 

I'm hoping not very likely at all. The dca's on my case (who i've CCA'd) need to go back to the late 1990's :D

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This is great help. Thanks everyone.

 

Most of my debts (apart from one) are now well over 6 years old. They date back to a rather rotten time in my life I chose to simply 'forget' as much as possible.

 

I was just wondering whether it was worth me trying to sort anything out with these old debts or whether I should just continue to leave them alone? I did pay a few off about 3 years ago but I still get the occassional 'burst' of letters and calls from the DCA's.

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Write back,,,tell them Its statue barred and to go forth and multiply :D

 

They may well try and take you to court hoping you will not defend the case. If they know you know its statute barred (or whatever) they'd be complete idiots (yes i know they are anyway) to try and take you to court ;)

 

Thats the way i see it :)

 

edit,,,here ya go >

 

Letter M

Edited by stikky62
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Thanks stikky,

 

have sent one letter to MacKenzie Hall that is a kind of 'get stuffed, its barred' and one to FIRE that is basically a 'dont you dare come knocking on my door' letter.

 

Waiting to see what they have to say .... if anything at all. :)

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