Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Default When is a debt statute barred?

    I understand that a debt becomes statute barredicon after 6 years but when does the 6 year period start.
    Is it from the last payment made, the last letter received or the date it goes into dispute?

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  2. #2
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    Default Re: When is a debt statute barred?

    As I understand it from the last date that the debt was acknowledged in any way by you, whether it be a payment or letter


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    Default Re: When is a debt statute barred?

    Unfortunately some of the DCAs do not appear to have grasped this concept.


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    Default Re: When is a debt statute barred?

    It does depand but normally it is,

    when last payment was made,
    when you last acknowledged a letter buy writing back to them,
    or after a CCJ or other means of enforcement that you have acknowledged.

    The 6 yearsicon in England start then but in Scotland it is 5 years from the above.

    Chrissi

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    Default Re: When is a debt statute barred?

    Quote Originally Posted by The GodMother View Post
    It does depand but normally it is,

    when last payment was made,
    when you last acknowledged a letter buy writing back to them,
    or after a CCJ or other means of enforcement that you have acknowledged.

    The 6 yearsicon in England start then but in Scotland it is 5 years from the above.

    Chrissi
    A CCJ is never extinguished, but after 6 years (5 Scotland) they can only enforce by a further successful application to court.


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    Default Re: When is a debt statute barred?

    Quote Originally Posted by The GodMother View Post
    It does depand but normally it is,

    when last payment was made,
    when you last acknowledged a letter buy writing back to them,
    or after a CCJ or other means of enforcement that you have acknowledged.

    The 6 years in England start then but in Scotland it is 5 years from the above.

    Chrissi
    Well ... I believe that it is 5 years for statute barredicon in Scotland UNLESS there is a CCJ. But not after this. Look at page 2 of this. If they have a CCJ it's 20 years.

    http://www.bdl.org.uk/images/Prescri...and)%20Act.pdf

    At least that's how I read this - am I wrong?

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    Default Re: When is a debt statute barred?

    Not Scottish, but the 20 years appears to imply to debt outside the CCA(see paragraph above the 20 years being mentioned).


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    Default Re: When is a debt statute barred?

    Well - we need Rory here - as I'm not sure - and, as you know I'm English but live in Scotland and have done for many years. And my understanding is that, once there is a CCJ, it does not go away. So it's 5 years till it's stat barred (that's what the paragraph above refers to), but 20 years once there is a CCJ.

    I don't read anything in this as having anything to do with the CCA.

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    Default Re: When is a debt statute barred?

    CCJ doe not go away, but in England the limitation acticon requires further action to be by the court. The information guide in your post seems to read 5 or 20 years ( 5 applying to CCA and 20 to mortgageicon).

    I agree, Rory knows best as it is his area.


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    Default Re: When is a debt statute barred?

    A decree is the Scottish equivalent of a CCJ. Our laws on enforcement are slightly different though. If you have a decree granted against someone owing you money you have up to 20 years to start enforcing the decree. Whether the debt is covered by the CCA or not is irrelevant. CCJ's (as far as a know) do not ever go away but after 6 yearsicon of not enforcing the CCJ you would need to apply to the court for re-enforcement of the CCJ and have a valid reason why you have not previously enforced it.


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    Default Re: When is a debt statute barred?

    CheersRory. And merry xmas.


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    Default Re: When is a debt statute barred?

    Well, that's my homework for tomorrow. As I'm pretty sure, and I think this factsheet makes it clear.

    But I'll go and check it out for myself.



    Anyway -hijack over.


    I understand that a debt becomes statute barredicon after 6 years but when does the 6 year period start.
    Is it from the last payment made, the last letter received or the date it goes into dispute?
    From the last written acknowledgement by you, as Michael said.



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    Default Re: When is a debt statute barred?

    And to you too Aktiv


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    Default Re: When is a debt statute barred?

    Thanks again rory - and happy christmas to all of you (was typing my answer as rory posted- as ever, he's quicker than me)

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    Default Re: When is a debt statute barred?

    What happens if you never make a single payment or make any kind of written acknowledgement , does that mean the statute barredicon clock has never began to tick and that it is an enforceable debt even decades later if you never made at least one initial payment ( or acknowledgement) ?

    Or can signing the cca be construed as written acknowledgment of the debt and dated from there ?

    If it is dated from the date of the cause of action , what happens if no default is ever registered , you can defend by data protection laws rather than limitations act ?

    What reason have ever been found valid in court for a re-inforcement of a ccj after 6 years ? I can imagine if you went into hiding and were no longer contactable could be used as a valid reason , but are there any others ? Could a creditor say for example that it was not economical to pursue the ccj whilst the debtor had no assets, but now 10 years later he has inherited a sizeable estate and we want a charging order placed upon that ?

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  16. #16
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    Default Re: When is a debt statute barred?

    Well i am guessing that as a result of you never making payment then the debt is SB from 6 yearsicon after first payment due.

    You dont signicon CCA requests with your handwritten signature.
    You just type or use a digital signature.

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  17. #17
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    Default Re: When is a debt statute barred?

    6 yearsicon ia 6 years they cant get any type of order/CCJ if the debt is over 6 years

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    Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

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    Default Re: When is a debt statute barred?

    Quote Originally Posted by The GodMother View Post
    6 years ia 6 years they cant get any type of order/CCJ if the debt is over 6 years
    Not quite true, if a action is brought against a statute barredicon debt and the action is not defended then the court can award judgment by default

    once this occurs you have an uphill struggle to get a CCJ set asideicon IMHO


  19. #19
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    Default Re: When is a debt statute barred?

    Quote Originally Posted by Rahl View Post
    What happens if you never make a single payment or make any kind of written acknowledgement , does that mean the statute barredicon clock has never began to tick and that it is an enforceable debt even decades later if you never made at least one initial payment ( or acknowledgement) ?
    The limitation period will start on the demand for payment, or when the debt becomes due.

    Or can signing the cca be construed as written acknowledgment of the debt and dated from there ?
    Um... well, normally, the signing of the CCA will occur before the first payment becomes due, and so will not be the start of any limitation period.

    If it is dated from the date of the cause of action , what happens if no default is ever registered , you can defend by data protection laws rather than limitations act ?
    This is irrelevant, see above. the cause of action will be the first time they could default you, the fact they chose not to is effectively irrelevant.


    What reason have ever been found valid in court for a re-inforcement of a ccj after 6 years ?

    There is a difference between reinforcement of a CCJ and original judgement. A CCJ is never spent, and the court could enforce it at their discretion even after 6 years has passed, although no further judgement may be awarded based on the CCJ after that time.

    they would need to show valid reason it took so long. all the reasons you state might be valid reasons to ask for permission, but the court would consider all factors.

    I can imagine if you went into hiding and were no longer contactable could be used as a valid reason , but are there any others ? Could a creditor say for example that it was not economical to pursue the ccj whilst the debtor had no assets, but now 10 years later he has inherited a sizeable estate and we want a charging order placed upon that ?
    Do you already have a CCJ?

    i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

    I am not a qualified or practicing lawyer.
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  20. #20
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    Default Re: When is a debt statute barred?

    I was going on the fact that u would defend the action so they would not be able to get a CCJ.

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