thank you for your continuing advice, I will check the CCJ details and post back. If the address used in the CCJ was an address I had moved from would this explain why I had no knowledge of it?

i have got the claim number in the correspondence they sent, I also have the court in which it was made, Im just baffled about not being made aware of this and of it not showing up on my credit history checks.

Grumlin, the DCA is Asset Link based in Caerphilly, a tomlin order hasnt been mentioned in any correspondence Ive had sight of and my solicitor hasnt mentioned this at all. is this something I should be aware of?

thanks for that - I thought Id committed some sort of misdemeanour!

i received a message from the site saying my thread had been un approved. I cant find an explanation of this term on the website, please can someone tell me what it means. I dont know what Im supposed to do or indeed what Ive done thats remiss??

thanks cerebusalert, Ive read the article you reference. can you shed any light on the statement made by the DCA " as the agreement is for 10 years the interest would have continued to accrue until 2008 therefore we are still within the time period to claim such interest, " this from a letter sent in august 2008 ?? the assumption my solicitor made was that this entitled them to take me back to court to "enforce the judgement"

thanks the Grumlin, your comments are welcome, I have no knowledge of this area at all so it is baffling to say the least, my solicitor in his response to me, about the DCA quoting that case, stated that he thought the DCA were able to make an application to the court to enforce the previously made judgement based on their citing of this case. He assumed that this overrode any statute barred status

thank you for this 42man, I will look at the links and follow your advice, does it still appear that the debt is statute barred despite the case law quoted by the DCA?

In the DCA letter relating to this caselaw they say (quote) we refer you to the case..... wherein it was decided that the creditor has the right to claim contractural interest after obtaining judgement. we would also point out that as the above numbered agreement is for 10 years the interest would have continuted to accrue up until 2008 therefore we are still within the time period to claim such interest (letter dated 29th Aug 08 according to the DCA a CCJ was issued but I wasnt informed of this, the last payment made by my ex husband was in May 2001 according to the documentation obtained by my solicitor. In credit reference checks over the last few years there has been no mention of a CCJ. I moved from the house where the debt relates to but had arranged for mail to be sent on to me. I have only had one subsequent address since then so didnt understand why I hadnt been contacted with regard to this debt before last August. Im not trying to wilfully avoid paying this debt but Im very confused about what the legal situation is and whether the case law the DCA cites is sound. ?? any advice gratefully received

thank you - will do what you suggest

thank you for these responses, your advice is helpful does the case law the DCA quotes make a difference to the situation, they claim that this case means the debt is excluded from being seen as statute barred, they claim the original loan from which the debt has come was a contract and therefore still enforceable. thanks again for your help

I am being pursued by a DCA for a debt relating to a loan taken out in 2000 for £3000. The DCA are claiming I must pay £7000. The debt should have been paid by my ex husband following our divorce as I had agreed to pay a number of other outstanding amounts during the sale of our house. I didnt hear anything about this debt until last year. I engaged a solicitor as I wasnt sure if their claim was legitimate. He initially attempted to argue that the claim was statute barred but the DCA quoted case law saying that it wasnt the case being First National Bank -v- Office of Fair Trading 2001 (or 2002). My solicitor has only been able to tell me he isnt sure if this case is still upheld. He has advised me to offer a lump sum which I have done on 2 occasions, the DCA have rejected these and asked me to complete a statement of means and to make an offer of monthly payments. They now say that if I opt to make monthly payments the interest will continue to accrue, they have again asked me to make a lump sum offer, I have already offered £4000. I also dont know if they are in contact with my ex husband as they have been given his details. I keep having to pay more to my solicitor to keep making offers etc. ANY advice on what to do would be so gratefully received. Its so stressful isnt it, Im not sure how confident my solicitor is in this areas either as he says he doesnt know what to advise me. I feel really helpless at the moment as I dont have the money to pay the whole amount and dont want the interest to continue to be added on to the debt PLEASE HELP ME FORUM PEOPLE.