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    • Is this correct ?
    • OK, so I've rather unfairly picked up a CCJ from a business overdraft debt that's been going on for years. I had court claim forms in 2014 which I managed to stave off. and again in sept 2016. This time I've acknowledged the service, filling in what I thought was the correct amount I thought I owed. I've since had the personal guarantee paper copies in my possession and I owe £21K. I sent them back along with a new address for all correspondence to be sent to, and then agreed to a Tomlin order to pay debt off monthly.  Now, these were sent back and forth and eventually signed, but apparently only partially. So DD was set up at same time, in Jan 2017. over next couple of months we paid, and also go letters to sign new Tomlin which we ignored as it was signed. In March we got another TO with 7 days to sign it and send back. We had one day to get this to them and phoned to say it wouldn't be there, that's ok they said, well extend it, just keep paying and send it back asap, we did send recorded (since lost receipt). We assumed they'd got it, and didn't hear a peep from them. Until July 18, when I found id got a CCJ from Feb that year. I've logged a complaint with solicitor, and had a response, they are denying any knowledge of anything. They had no TO so took it to court without my knowledge.  I didn't think there was anything I can do. However, as it turns out, the court sent papers to an old address even though solicitor had new address for 13 months, and address for correspondence was on the claim papers I sent back. Upon closer inspection the numbers are all wrong too, nor a lot but its about £200 adrift. We called their office too within the 30 day notice period, oddly they have no record of that.  And all this is on a "Business Charge Card Guarantee" …. anyone explain that?? In the mean time we've paid £5K+ of the debt off. At no point did anyone in the process let us know we'd had the CCJ logged against us. Is that right?? Or legal? I was intending to get it set side, but was told by them it was pointless. Just want to get back to point A. Paying it isn't the problem, it getting the CCJ reset. Please Help!!! 
    • same with jaguar s-types etc. all kind of weird issues if the battery is on the way out or the terminals/earth straps are not reconnected tightely/properly.   mine was the earthing strap to the gearbox, was rotted and got knocked during the gearbox oil change.
    • what have they got that they can respond too that counters your SB defence? zilch.   as with every erudio claimform or PAPLOC thread on CAG you solely got the claim because for whatever reason , to that date, everything was ignored.   once a response is made they go away.   default CCJ avoided. you must read up and understand how arrows [erudio!!] operate  
    • so won by a section 75 claim under the consumer credit act then   consequential losses are also covered by section 75 as the card provide is equally liable as you've already found out   as for the dealer and court there is no time limit, well 6yrs I believe   though it would be a tough battle but made slightly easier as BC coughed up. but again what would you in all reality 'win' probably go bust or change name        
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ilovecowsuk

DCA - stat barred advice please!

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Hi, I'm new (what a fab site!). Looking for a second opinion on something...

 

A DCA are chasing my husband for a debt from 2001 - however, when we checked his Equifax record it claims he defaulted in April 2004. No payments were made to the account in 2004 (or 2003 or 2002 for that matter). Am I right in saying the debt is statute barred from 2001 if they cannot send proof that any payment/acknowledgement has been made since then?

 

Can I also ask, are debts stat barred for 5 years in Scotland, even if the creditor (Aktiv Capital) resides in England?

 

Thanks guys!

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They will have to prove that the last communication was within the limitation period. If the debt was taken out in Scotland then Scottish law applies. However if it was taken out in England and you subsequently moved to Scotland then the longer 6 year period applies. If it was taken out in Scotland then I would also demand that the DCA removes the default from the creditfile. Hope this helps.


Please Click The Scales if I have been of help to you.

 

 

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If the debt was taken out in Scotland then Scottish law applies. However if it was taken out in England and you subsequently moved to Scotland then the longer 6 year period applies.

That's simply incorrect. Which countries statute applies depends on where you are domiciled (see paragraph 3 of schedule 8 of The Civil Jurisdiction and Judgements Act 1982).

 

Can I also ask, are debts stat barred for 5 years in Scotland, even if the creditor (Aktiv Capital) resides in England?

 

Yes debts are time barred after a period of 5 years where the debt has not been subsequently acknowledged. The country where the creditor is located is irrelevant.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

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.

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