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Gerald Gardner

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  1. A Global Substitution Order (GSO) is not something that has commonly come up, and in the past it has generally been used for mortgage debts. A debt collection agency (DCA) may buy a portfolio of debts from a certain company. Where court action has already started, a GSO allows them to change the claimant name on all the CCJs in one go, rather than having to apply individually on each debt. This helps keep costs down.
  2. Thanx dx, but i can't be bothered to fill the detail of the debt, it formed part of a dro, it's unenforceable, and once the proof has been provided it will be case closed, i expect the numb nuts at hoist submitted it in error
  3. Clearly unenforceable, when submitting defence, what's the best way to describe?
  4. This is good news but i don't think it will change anything, what i have noticed now in the agency's property descriptions is that No Dss has been replaced with ' Working professionals only ' which essentially amounts to the same thing, we're not renting to you if you're on benefits.
  5. I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ? Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking
  6. The delay in issuing a default notice was covered in the judgement and dismissed 34.Mr Brennan-Banks advanced two policy arguments in support of Mr Doyle's appeal. First, he said that the decision of Judge Madge removes the certainty which the limitation period gives a debtor that he or she can "move on with their lives" because, on Judge Madge's approach, a default notice can be served at any time. Secondly, he said that delay benefits the creditor and is detrimental to the debtor because the information available to the debtor (obtainable from the creditor) to investigate and challenge the creditor's claim and the default notice is likely to have become lost or destroyed, particularly, as in the present case, where there have been successive assignments of the benefit of the credit agreement and the debt. I do not consider that either of those policy arguments carries any material weight This was more clarifying the legal argument than a specific debt, although i do have a hoist / barclaycard one i will be looking into but unfortunately it has to go on the back burner for now because of covid, once i get my hands on that paperwork it looks like i may be able to test this ruling as it appears the last payment / acknowledgement was over 6 years but they squeezed in a court claim 1 month before the 6 years was up from the date of the default notice expired , claim forms sent to old address, default judgement entered.
  7. Where do we now stand with this, is the date you last acknowledged or made a payment now irrelevant ? https://www.bailii.org/ew/cases/EWCA/Civ/2019/12.html I've read the court of appeal ruling and to my layman's eye it looks to me that the debt becomes statute barred 6 years after the expiry of the default notice, this is now backed up on the stepchange website The earliest date the creditor could have started court action to recover the debt This will vary depending on the type of debt. For most common consumer debts such as personal loans, credit or store cards, catalogues or payday loans, this will be the date your account defaults. This is normally 14 days after you are sent a default notice warning you to bring your account up to date. It was previously understood that the limitation was based on the earliest date the account could have defaulted, regardless of when the default notice was issued. This is no longer the case, following a Court of Appeal ruling which confirmed a debt becomes statute-barred six years after the default notice expires. This applies only to England and Wales, but there is a similar case law in Scotland. For example, if you live in England and the account was defaulted on 1 January 2015 and your debt has a six year limitation period, it’ll become statute-barred from 1 January 2021. For other debt types, the earliest date court action could have been started can be harder to work out, so contact us if you have need help with this. To work out when a debt becomes statute-barred or prescribed, take whichever of these events happened most recently and add the limitation period. For example, if you live in Wales and the most recent of these events was a payment you made on 1 January 2015 and your debt has a six-year limitation period, it’ll become statute-barred from 1 January 2021. If a creditor has already started court action before the end of the limitation period, this doesn’t apply – the debt will never become statute-barred or prescribed.
  8. Sorry the hoist matter was seperate, i will come back to when i've got some more info
  9. Was this in relation to the court of appeal ruling? Does the last payment/last acknowledgement still some into play or is it solely the default date now ?
  10. There was 30 days from the date on the default notice to the date you need to pay in order to bring the account up to date, so is it at least 14 days not exactly 14 days ?
  11. Ok so i understand this right, you are saying that the default date in regards to statute of limitations is the day after the 14 days has expired on the default notice after ignoring the notice? In this example and it's a true account as i've seen the letters Default notice received dated 18th February, account needs to be brought update by the 21st March. Letter dated 28th March informing a default has been registered on the account and full balance now due. Date of of default registered on credit file is 28th March For statute of limitations purpose then the 22nd March not the 28th March as registered with cra is the key date
  12. I've flagged it up for you https://www.northstandchat.com/showthread.php?380171-One-Parking-Solution-warned-by-a-Judge-that-they-may-face-a-civil-restraint-order&p=9351868&posted=1#post9351868
  13. I've got no idea, he only told me over the phone about it, he's got more important things to worry about at the moment, it was more me looking to see if something could be done, it would give me a nice warm glowing feeling inside if i could get one over hoist. In better times when ii can get to see him i may be able to get more information
  14. Interesting, a lesson can be taken from that is, keep all of you paperwork safe, 10 years or more if you have to
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