I have been helping out a friend with a debt that was originally with bank of scotland but has been bought by the boys at 1st credit, we sent off the caa letter and they did the usual reply and followed up with a copy of the assignment letter and about 20 pages of statements but no credit agreement.

Great i thought they must not have one, the debt dates back to 2001.

Anyhow it seems that back in may 08 first credit got a ccj against him, he went along to the court and got an agreed to pay £5 p/m which he has been doing.

So my question is, i guess 1st credit must not have any agreement but as hes been to court and the ccj registered can he still tell them where to go and get that ccj removed, my thoughts were that you can't inforce something thats uninforceable, any help with the next move, thanks

As you have already had one bite of the cherry in defending the case the first time around your chances of having the original judgment set aside are minimal. You can certainly try though.

So the chances of getting the ccj set aside are slim, even though its now come to light that there is no credit agreement.

Slim, but not impossible. If you can make a case that the agreement was not enforceable but you previously been led to believe it was then you stand a chance.

The boys and girls at 1st Crud towers caught out a friend of mine with a statute barred debt dating back to 2000,

back in January this year he foolishly paid them £5 when they contacted him about it,

More recently he sent a cca request which all they sent was a load of statements,

then he sent the failed to comply letter they just wrote back saying pay up,

my question is they dont have a vaild agreement,

a ccj was registered against this debt back 2000 but i guess that as he paid £5 the six years will start again but can they do anything through the courts now, or should he just tell them to take a run and jump, thanks

once stat barred always stat barred stop paying them -

Question that needs answering - was there a clear 6 year period with no payments?

If there is a CCJ in place it doesn't become Statute Barred, however if they haven't enforced the CCJ in that time they would need to apply to the court to enforce it & would have to show a very good reason.

The CCJ should have dropped off his credit file so the chances are they are not aware of the CCJ anyway, so he might as well send the Statute Barred letter . The onus is on them to prove otherwise.

once stat barred always stat barred stop paying them -

 

Question that needs answering - was there a clear 6 year period with no payments?

Thanks, hes going to check to see if he can find any statements but it was so long but hes 99% 6 years had passed with no contact, what about the ccj does that make any difference? would it be worth sending a sar to the original creditor?

If there is a CCJ in place it doesn't become Statute Barred, however if they haven't enforced the CCJ in that time they would need to apply to the court to enforce it & would have to show a very good reason.

 

.

really?

really?

County Court Judgement

 

If the creditor has previously taken you to court and you have received a County Court Judgement, you will be unable to use the Limitations Act 1980 to dispute the debt. If the judgement is over 6 years old the creditor may need the permission of the Court to enforce the debt.

Ta;) - learn something new everyday on here

Hes in a bit of a mess with this one, seems back in 2000 he made on and off token payments until around 2005 then crud bought it in 2006,crud then got a ccj in 2008 to which he was ordered to pay £5 pm so s barred is out.

they do not have a valid agreement but does the fact crud have a ccj make it a loss cause for him, should i advise him to just keep paying the £5 pm. thanks

imho

i would look at the case again. these people will want their pound of flesh.

lilly

imho

 

i would look at the case again. these people will want their pound of flesh.

 

 

lilly

Oh yes they will, with no valid agreement but a ccj in place is he up the creek without a paddle, what else can i tell him to do?

He might be able to get it set aside if he can show good reason. One way could be if he could show the amount they claimed was wrong because of unfair charges added or mis-sold PPI.

Could he not aply to have the judgement set aside?

is it not to late for that then, its from 2008

have a read

http://www.consumeractiongroup.co.uk/forum/legal-issues/202167-help-n244-form-please.html