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Question about Sheriff court decrees and debt selling


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Hi everyone,

 

 

I am pretty sure none of my creditors have ever taken court action against me, but I am still curious about sheriff court decrees and debt selling.

 

My question: I have several debts which are now almost 8 years old,

and know that the debts have all been sold on, probably several times.

 

 

If the original bank or credit card company had taken me to court and gained a sheriff court decree against me,

would that decree be able to be used by any debt-buying companies who later purchased the debt?

 

 

Or does each company who purchases the debt have to obtain their own sheriff court decree, in order to legally demand the money?

 

Thanks,

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As an aside any debt over six years old or five years in Scotland is statute barred, which means no legal action can be taken to enforce the debt. Note:

 

1. This assumes no CCJ has been granted in which case the situation may be slightly different.

 

2. The time starts from the date you last acknowledged the debt or your last payment.

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Thanks.

 

 

I'm wondering if sheriff court decrees (or CCJs in England )

once given against a debtor,

can be used by anyone trying to recover that particular debt,

or if they can only be used by the bank/company that originally obtained the decree in court.

 

 

Does that help?

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yes they can be 'given ' to other dca's as they can apply for a transfer of ownership at the issuing court.

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They have to apply to the court for the transfer of name, normally this gets put through with no problems

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