Jump to content


20 Year old debt.......?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4937 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

 

My friend has a debt which is 20 years old.

 

He had a CCJ against him 20 years ago with a finance company for a loan.

 

The CCJ allowed for installments of £20 per month.

 

He has kept to this to date, but now the finance solicitors want to increase payments or get him to have a medical (as he cant work) to confirm this.

 

1) Would I be correct in thinking that the debt is NOT statute barred as he has kept making the payments?

 

2) I assume he can tell the Solicitors to bugger off as he has kept to the agreement?

 

3) Should he fire of a CCA and see if the agreement is valid at all?

 

Any other ideas or does that about do it?

 

Cheers

 

Nick

Link to post
Share on other sites

1) Would I be correct in thinking that the debt is NOT statute barred as he has kept making the payments?

 

Yes, but as there is a CCJ it wouldn't be statute barred even if he hadn't paid it.
2) I assume he can tell the Solicitors to bugger off as he has kept to the agreement?

Yes, only the court can vary the agreement.
3) Should he fire of a CCA and see if the agreement is valid at all?

That would be fairly pointless IMO as the CCJ enforces the debt and after 20 years he would have no chance of getting a set aside on the CCJ.
Any other ideas or does that about do it?

Are there any charges on the account?

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.

Link to post
Share on other sites

1. Correct

2. Yes, he is paying a court order. It can only be varied by the court. In the circumstances they are more than likely going to fail and they would be liable for costs.

3. Can, but only helpful if contesting CCJ which is difficult after all these years.

Link to post
Share on other sites

And I typed more :p;)

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.

Link to post
Share on other sites

absolutely amazing

 

they will try anything, I would report them, they should know better

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

Link to post
Share on other sites

How about this???

 

If he speak to the Sols and asks them for a copy of the CCJ Order.

 

I doubt after 20 years they would have the actual order as the Court wont keep a copy as it drops of their system after 6 years.

 

If they DONT have a copy, then he doesnt need pay? There would be no record?

 

Thoughts?????

 

Cheers

 

Nick

Link to post
Share on other sites

The whole point of a CCJ is to ensure payment of a debt

 

it would still no doubt be recorded with the courts somewhere, although at 20 years old, it would still be worth asking them to verify the details of the CCJ and see what they come up with.

 

As Rory says, they can't do a thing to change the payments without returning to court with a bloody good argument.

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

Link to post
Share on other sites

If your friend is too ill too work he could apply to the court to have the amount varied to a lower rate ;)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

Link to post
Share on other sites
If your friend is too ill too work he could apply to the court to have the amount varied to a lower rate ;)

 

I had thought about that! But it was set £5 a month 20 years ago, with inflation etc, they would rasie it???

 

Nick

Link to post
Share on other sites
I had thought about that! But it was set £5 a month 20 years ago, with inflation etc, they would rasie it???

 

Nick

Not if he is not working and can show that he cannot afford to pay more

Link to post
Share on other sites

If he's on basic benefits and DLA he should only be paying £1 a month ;)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...