Questions from : Have you received threatening demands for debts older than 6 years?

[diddydicky]

But if the claim is stayed then it can't go statute barred because the action has frozen the clock?

 

as i said - think yourself lucky that their brain cells havent yet worked that one out

 

most of these debts have been bought- they are not too keen on paying out the fees to issue a summons on these debts in any event

Edited March 5, 2010 by diddydicky

[diddydicky]

just to clarify here :

 

once a debt is statute barred NOTHING can unbar it.

 

dx

 

nope- not even if you make a payment AFTER it is SB!!

[diddydicky]

correct

[diddydicky]

what makes you think your creditors would bankrupt you?

 

they cannot do so without serving a statutory demand upon you

 

if you know someone at your last address to be able to pick up the results then there is no reason why you cant do a cra check (3 of them) at that address.

 

 

A DCA would not normally commence bankruptcy proceedings and in the ultra rare event that they would- they would want a great deal of information about your personal finances and what assets you had, they would certainly want to know what you paid in tax last year.

 

if you own your present property and they did credit checks to establish that you had equity then they could not issue a SD against you at your previous address because they would now know your new address

 

i would forget all about bankruptcy proceedings if i were you and just sit tight

 

if you do the cra checks (so see if you have ccjs.) then do it snailmail not online

[diddydicky]

scroll back up the thread to the blue bar above the words

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

on the bar - just right of centre you will see a tab named "search"

you can type in your search criteria then either search threads or individual posts

 

if you are worried about action having taken place without your knowledge then google EXPERIAN, EQUIFAX and CALL CREDIT

 

get a £2 fee off in the post to each one asking for a copy of your credit file (don't do it online- even though it can be free)

 

i suggest that whilst you are dealing with debts that you do so every 6 months or a year at most in any event

 

This practice is also a good security measure to help ensure that someone has not stolen your identity

[diddydicky]

if you have not made a payment for 6 years AND you have not admitted the debt in writing in that time then it is statute barred

 

BUT

 

if it is the CCJ they are trying to enforce it does not become statute barred

 

however

 

they cannot enforce the ccj if you have not paid it for over 6 years without applying to the court

 

a/ they seem not to be the original claimant

 

b/ they would have to produce the judgement to the court (the court will NOT any longer have a hard copy)

 

c/ in any event it is very rare that a court would grant them permission- the attitude of the court is that they could not have been concerned else they would have done something earlier

 

the court also KNOWS that such applications usually come from the bottom feeders that have bought the debt or a pittance or have offered to collect on the ccj for a split of what is recovered- and the court has little time for them .

 

in a nutshell

 

ignore it

Edited March 11, 2010 by diddydicky

[diddydicky]

I am always happy to give people peace of mind...thank you

 

you cant statute bar a debt that has become a CCJ - the ccj lives forever (but any reference to it "drops off" your credit files after 6 years )

 

thats interesting however

 

when you say you went to see the judge- what application did you make and do you have written evidence of what he decided- these things are not done by "having a chat and a cup of tea" it must have been done formally

[diddydicky]

as you are reading this post- scroll back up to the top of the page

 

you will see a blue bar running across the screen

 

the tabs |(from left to right) are

 

user cp faq calendar new posts search quick links log out

[diddydicky]

ok, views differ so here is mine:-

 

it is possible that the the s78 request is likely to go to a different department to be dealt with ( it usually goes into the main office and they then make computer requests for production of the agreement.

 

there is no legal requirement for it to be signed.

 

a SAR is always given, without any other interference- to the Data controller so there is much less likelyhood of it getting lost in the office somewhere else

 

many caggers will argue that the creditor or dca has been dealing with them over a number of years and sending staetments etc and that they are just being awkward when they write back in response to a SAR and ask for a signature or ID

 

that may indeed be the case, however it is also the case that the data controller may NOT necesarily be involved in the day to day running of the credit account - indeed he may be based at an outsourced or contracted out archive centre and as such may have no previous knowledge of dealings with the customer

 

the SAR can take up to 40 days

 

there is a lot of nonsense talked (IMO) as to creditor lifting signatures off one document and putting them on another (allegedly an agreement)

 

Just as a cheque can be "crossed" to prevent fraud- so can your signature be crossed if this aspect is a concern to you

 

otherwise you can lose vital weeks arguing the toss about signatures when what you probably need rather quickly is the information you are requesting

 

It is no big deal which way it is done but personally I would send them seperately - if you send them together the letter will go into the general office for the s78 request to be dealt with and then the SAR forwarded direct to the data controller (who could be off site) and much more chance of things going missing.

 

(also In any further proceedings it is useful to be able to have a recorded delivery slip attached to each request)

[diddydicky]

as far as i am aware only the claimant can apply to enforce (which would IMO include someone acting on their behalf)

 

a claimant with a debt as old as the one you mention is about as likely to get permission from the court to enforce it as I am of getting catherine zeta jones and katherine jenkins in bed with me at the same time!

Edited March 21, 2010 by diddydicky

[diddydicky]

it won't hurt or harm you position to make it clear

 

Dear Sirs

 

i refer to you letter of XXXXXXXx

 

 

if you feel that a court will grant you permission to enforce this CCJ no doubt i will receive notification in due course.

 

in the meantime all future communications will be filed unanswered

 

Y F

[diddydicky]

i used to do them to- then i saw the light!!:D

 

don't give them the satisfaction of knowing that you spent hours concocting a response when F**K Off conveys the same message in a fraction of the time!

[diddydicky]

no, and yes (in that order)

[diddydicky]

Right, lets get thigns straight, first off, upon having not very nice comments on here on my last post,|I have been lying low, last week,was court datewith us and a dca...if we hadnt have taken legaladvice and gained representaion, we wouldof lost,end of. Lost our house, so its allwell n good harping on about fight fight fight...sometimes you cannot. For us, even though we have agreed a vol charge,it is written in a contract by our solicitor who was a godsend...sumofem are decent out there. So, whilst i used to take advice of this site and take every piece of advice to heart, this could have lost us our home!!

 

We got what we wanted and at least the dca know we have a solicitor so they are being very nice. becasue that was my wife's issue, i just got involved in it as didnt want to lose the house obviously..written in to it is the fact they cannot sell it etc..the other side only recieved instructions 3 mins fromcourt time, had not complied with sar etc..we culd have screwed him court but we had already withdrawn the application to set aside so wasa lost cause..first judge was right stuck up, thsi was months ago.,she refused the set aside even if when i got advice fro the affadavit. The judge last week was very nice, obviously much older and wiser than the previous one. So, thanks to allwho helped with the affadavit, but,wen it comes to your home,please seek legal advice. Plus, dca's are now using your professions against you..i.e teachers etc..as a set aside would have to be decvlared to your employer and bankrupty petitions...ery nasty tactics. So I am here, but wiull not tolerate the bashing i had last time from other members. We are gratefulfor the advice,and they do read this site...(dca's that is..

 

i don't think anyone on this forum who gives advice does so for a monetary gain, unlike a solicitor who may or may not be acting purely for financial gain,

 

Nor does anyone on this forum guarantee success- if we could we would bottle it and sell it!

 

Nor do i think you would have "lost your house" if you had followed advice on this forum

 

the facts of the matter are that for whatever reason- you were not forthcoming with the documents and information that was required in order for folk to give you the best advice, therefore you were the author of your own downfall in that respect.

 

any poster on this forum seeking legal help and who is not prepared to post up the documents he refers to (minus identity) is always going to be treated with suspicion

 

I am pleased that your solicitor has got the result you wanted

 

is that all we can help you with, - or is there something else?