Have you been threatened with court action over a debt more than 6 years old??

[BankFodder]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/146530-have-you-received-threatening.html

[letitbeme]

Hi, I have an on going court case that may be statute barred, I say maybe because the cause of action date is in dispute by the claimant (Link say Default Notice Date and I say the date of missed payment)

 

No payment to MBNA since 1st OCT 2000 - Notice of Default (supposedly issued on 20th Aug 2001.) - Court action started on 19th Mar 2007 - is this action Statue Barred?

Regards LIBM

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/139522-clarification-re-statute-barred.html

Edited July 5, 2008 by letitbeme

[postggj]

hi bankfodder

i have a small battle with fredrickson ref orange

they are dca number five to have this account

there is no debt as cleared with orange long ago

acount closed

1998

playing there game at the moment and have made no contact.

if they mcol me i will def go the cput route

i will keep you informed

[abroadgirl]

good morning all

my friend helen has asked if i can hlp her she has had a letter from court for the amount £120.

She hast a clue what it is and it just says any communcation must be addressed to the fines officer?

She knows nothing of this and has previously found that someone has her name being used by them

what kind of letter do i s end to the courts for her tyvvm

hugs

abg

[bucksmills]

Hello Folks;

 

re the 6 years, must this be in regard to the latest DCA who has the claim or does the time relate to the original CCA, and am I right that if I have paid moneys even in fear and ignorance to DCAs then that is an acceptance by me that they have a legal right to collect the debt and which nullifies my ability to fight back using any legal rights I may have had because in my fear and ignorance I gave up any support I may have had from the rule of law.

Which would inc many of the advices on here such as letters etc re i do not acknowledge your claim and send me CCA and so on.

 

One company equidebt when I struggled to make a payment took out a court order and I had a letter from the bailiffs re there intended visit, I am 66 and have suffered ill health re the DCAs

My daughter managed at last min to cancel her hols and paid £150 to equidebt on my behalf to stop the bailifs coming.

 

I never get any accounts statements from any of these people re what I have paid and they and others are always writing to me and calling me and leaving messages and all threaten me with court action on any missed paymets -n yes I am scared because at least one of them carried out their threat and it was only with a few days to spare that my daughter stopped it.

So whilst I want to take on what is being said on these forums it is a frightening prospect for the same to happen again and I am unable to fend them off.

 

 

[bobneedhelp]

Please can someone help me too ...see my new thread on Registered County Court Judgement ...letters dated from early 2008 from DCA, courts etc has been left unopened or resend back due to fear and stress but Yesterday, someone suggested the forum and I read - posted and asked for help with a Interim Charging Order - and I got great support and help from various members especially surfaceagentx20:)

 

With their support I managed to opened whatever the letters I got pile high - and a form N244 was completed on my behalf by x20. I am taking it to the court today.

 

On re-reading those opened letters, I found another company Cope's Solicitors has file a CCJ against me? I do not have court letter (just letter from Cope's) since I think m nephew resend them back). Called Northampton Court but no answer. This is an old debt taken in the late 89/90? and following my divorce in 91/92, took over all these debts and started paying from then until 99/00? From 99/00, I suffered stress and depression and finally resigned from work as well. Due to this I stop paying and also stop corresponding with the then DCA. because of my illness, I stayed with family, relatives and friends for about 2 years, and I needed the help and support - paying debt back was the least of my worries then.

 

This house was bought with help from my brother, family members help which I am staying now. Even the mortgage repayment, council tax is partly helped by them. But DCA has traced me to this address and put a charge on property (dealt with at this stage as mentioned).

 

Since I have not been repaying since 2000 or there about until now (over the 6 years rule for Statute Barred??) Can I still do something about Cope's taken a CCJ against me? and What exactly is the proper procedure to fighting this?

Anyone here (Site Team, experienced in this area who can help) PLEASE!

[meursault22]

Just to add that some of these debt collection agencies seem unstoppable. I'm constantly being threatened with court action on behalf of Virgin media/NTL for a debt which is not only over 6 years old but for a service that I never subscribed to nor ever had!!!!! Has Britain been completely taken over by debt collectors?

[Realist]

Yes.

 

Has Britain been completely taken over by debt collectors?

 

CCJ over 6 years old.

 

Only found out a few weeks ago a company did the same for my wife for a debt thats 10 year old.

 

CCJ still on file but dont know what to do about it?

 

Regards

[davie b]

could someone please help me please im in like 50k debt some are over 6years some are not i carnt afford to pay them back as im now on state benifits i had like 35 mobile phone contracts loans credit cards store cards tvs and laptops on hp its gotten to the point where i dont even know how much money i owe to what company im in a right mess please help

[letitbeme]

Hi there, first DO NOT CONTACT ANY ONE YOU OWE MONEY TO, DO NOT REPLY TO ANY LETTERS YOU RECIVE, YET.

OK! lets get started. First things first, you have to write out what has transpired i.e. who has contacted you.

[grizwuld]

Yes - that is a friend and neighbour has...

 

Visited friend yesterday who was upset because a court had made final an interim charging order on her house based on a default CCJ from 2002. Have always understood that enforcement is not possible after six years. Read the paperwork and browsed the net.

 

Are charging orders simply a way for a creditor to "register an interest" with the Land Registry and not a means of enforcement until the creditor applies for the sale of the property? Does the six year rule apply? If so why would a creditor go to the time and expense of obtaining a charging order it cannot enforce?

 

Any clarification much appreciated.

 

 

Regards

[meursault22]

Yes - that is a friend and neighbour has...

 

Visited friend yesterday who was upset because a court had made final an interim charging order on her house based on a default CCJ from 2002. Have always understood that enforcement is not possible after six years. Read the paperwork and browsed the net.

 

Are charging orders simply a way for a creditor to "register an interest" with the Land Registry and not a means of enforcement until the creditor applies for the sale of the property? Does the six year rule apply? If so why would a creditor go to the time and expense of obtaining a charging order it cannot enforce?

 

Any clarification much appreciated.

 

 

Regards

 

 

The court should not have made final an application based on a statute barred debt, but the problem is that British County Courts are like the Wild West. Whatever the judge says goes, and in my experience, the law means very little to the judge and there is practically no way to complain about County Court judges who do not follow the law.

 

In your case, if the house is sold or remortgaged, the debt will now have to be paid, or they can apply for an order of sale which is bad news. In my case they applied for an order of sale several times in rapid succession, each time being granted costs by the judge, so the debt increased twenty fold.

 

There may be a way to challenge this and others here with more constructive advice are sure to answer shortly, although I followed the advice here, and if the judge (same one every time) had followed the law, things would have turned out fine for me, but instead he just took the opportunity to award the claimant a huge amount of extra costs, so think carefully about taking any action.

[grizwuld]

Yes - that is a friend and neighbour has...

 

Visited friend yesterday who was upset because a court had made final an interim charging order on her house based on a default CCJ from 2002. Have always understood that enforcement is not possible after six years. Read the paperwork and browsed the net.

 

Are charging orders simply a way for a creditor to "register an interest" with the Land Registry and not a means of enforcement until the creditor applies for the sale of the property? Does the six year rule apply? If so why would a creditor go to the time and expense of obtaining a charging order it cannot enforce?

 

Any clarification much appreciated.

 

 

Regards

 

Well Griz you are almost right:

 

1] Charging Orders are not subject to the 6 year rule.

 

2] The 6 year rule, which usually excludes enforcement of a debt after that time, applies to new actions.

 

3] A Charging Order is not a new action but simply a continuation of the original judgement debt and therefore not excluded.

 

OTHER

 

If the debt is large or you want to pay it off or you want some degree of certainty that your home will not be sold off to pay the debt ask for an Instalment Order to be made at the same time as the Charging Order. This is an Order to pay £x per month. So long as the terms of the Instalment Order are kept to (you make the payments) an Order for Sale cannot usually be made.

 

As to the amount to be paid each month District Judges take different views on the rate of repayment so you must try to persuade the DJ to make it for a figure you can really afford.

 

If there are children, a di.vorce is pending or there are joint owners different rules apply.

 

Now try for your set a.side of the original default judgement.

 

Good luck to you.

[emidan]

hi sorry to bother you all but i desperately need some advice......

had a court claim form from capquest particulars of claim read

monies due under regulated credit agreement number 4xxxxx/0xxxxxxx

between

hsbc bank plc

and the defendant the benefit of which

was assigned to the claimant on 08/07/2005

the agreement terminated upon the

defendants failure to comply with the

terms of the agreement and/or thestatutory notice of default served by

hsbc bank plc

the claimant seeks interest

pursuant to section

69 of the county courts act 1984

at the rate of 8%

per annum from the date of issue continuing at the daily rate of 1.42

 

What do i do and i took out loan in 1997 and made no payments from 1998/1999 as had a child who spent a long time in neo natal unit and have ignored the letters that i have recieved for last 6 months would this be a statue barred debt how do i fill in form

Edited December 28, 2011 by emidan

[freedomlizi]

Statute barred debts 6 years - possible to get some clarity!!

I was told years ago by Citizens advice bureau that - NO COMMUNICATION/no letters/no calls (debt stutute barred)

 

As many of your consumers letters request SAR's etc (but not admitting to the debt) does the 6years start from last letter (SAR) or date debt arose

 

2. can the courts still issue charges against property after 6years for old debt?

[Iansdebt]

Hello all

 

This is my first post after signing up yesterday and hope someone can guide me in the right direction.

 

I'm seeking advice on whether there is a piece of law that I can use in appealing a court decision that went against me in relation to a debt from 2004. To give you some background:

 

On 22nd August I attended a hearing at Nottingham County Court involving a personal debt claim made by Robinson Way, who expect many of you are aware of from reading the threads on here. This was concerning my bank overdraft debt with Lloyds Bank from 2004, which Robinson Way took ownership of on 9th March 2008. The important facts of the case were that:

• Robinson Way were claiming that I had payments towards the debt between 2005 and 2007
  
• The payment evidence provided by Robinson Way was a page taken from Lloyds bank accounts system that stated next to each payment entry "Payment from Agency". No reference to my account, name, number or method of payment was shown on this page.
  
• My defence was (and still is) that these payments were not made by myself. Therefore, under the Limitations Act 1980 the debt should be 'Statute Barred' as no payment or communication had been made within 6 years of Robinson Way raising the claim, which occurred in February 2012.
  

The outcome of this hearing was that the Judge ruled in favour of Robinson Way on the basis that that these payments could have been made by myself, a friend or family member and the judge deemed there was no reasonable doubt to suggest otherwise. My defence, although supposition was that these payments could well have been payments between the debt collection agencies who were managing the debt at the time. I did not have firm of evidence of these payments originating from the agency's and was supposition in my defence.

 

However, on further investigation following the case I have read about similar instances of debts involving Robinson Way and other DCA's where they have also claimed payments were made and are also termed as "Payment from Agency". From the instances I have read about it appears that in numerous cases these payments are in fact a Subject to Access request (SAR) or Consumer Credit Agreement request (CCA) made by the debt collection agencies, which both carry a fee for this request and often are deducted from the debt.

 

Where things stand now is I have less than a week to appeal to the court and would appreciate advice on what I can use in my appeal wording that adds some legal weight. If there is something in the law for instance around companies having to prove who the payments were made from, which method was used and the payment details i.e card nbr, cheque nbr etc then that would provide good grounds for my appeal.

 

Many thanks in advance

 

Ian

[theshuffler]

Just a quick question on this one , Is a credit union loan subject to statue of limitations act . I can deal with it quite easily if it is , must be 15 years sinnce last payment . Got a letter out of the blue yesterday.