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    • If a DCA supplies a reconstituted copy of the CCA what would be the next step. It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd  v  Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.        
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When is a debt statute barred?


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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

OFT debt collection guidance

 

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

 

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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

 

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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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 barred 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/Prescrition%20and%20Limitation%20(Scotland)%20Act.pdf

 

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

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

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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.

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

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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 years 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.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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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 barred 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.

 

:)

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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And to you too Aktiv :)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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  • 3 months later...

What happens if you never make a single payment or make any kind of written acknowledgement , does that mean the statute barred 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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Well i am guessing that as a result of you never making payment then the debt is SB from 6 years after first payment due.

 

You dont sign CCA requests with your handwritten signature.

You just type or use a digital signature.

OFT debt collection guidance

 

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

 

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

OFT debt collection guidance

 

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

 

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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 barred 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 aside IMHO

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What happens if you never make a single payment or make any kind of written acknowledgement , does that mean the statute barred 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?

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

OFT debt collection guidance

 

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

 

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

 

Ah yeah, while you know that the problem is from the person looking in's point of view, if someone sees that comment

 

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

 

then the problem is that it could be construed as being the case that once a debt is six years old you dont need to do anything as a court cant issue a judgment. which is wrong , you always need to defend a court action

 

i saw a case just a day ago on here where the person did not defend because they thought there was no chance of getting a CCJ as the debt was statute barred and luckily they have now filed a defence but we are not sure if it will be accepted as they may be out of time

 

this is why i corrected what you said

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It should also be noted that in cases of fraud, mistake, or concealment the limitation period may not run until the fraud, mistake, or concealment could reasonably have been discovered.

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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Tom.

 

based on what u have just said if u go out of the country on work for say 10 years and then come back and find somebody has used your name to gain credit then the limitations act does not apply.

OFT debt collection guidance

 

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

 

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Tom.

 

based on what u have just said if u go out of the country on work for say 10 years and then come back and find somebody has used your name to gain credit then the limitations act does not apply.

 

im not sure i understand what you are asking,

 

Toms' comment was aimed at the issues surrounding the Limitation Act, now what he was saying was, if you move and try to conceal your new address then the limitation period may start from when the creditor finds out where you have moved to or reasonably could have determined your new address

 

if someone does as you suggest, if you were not in the country and could prove you were subject of id theft then you would not be liable anyway

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