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    • https://www.consumeractiongroup.co.uk/topic/408156-cabotnolans-spc-claim-old-next-cat-debtclaim-dismissed/page/4/#comments https://www.consumeractiongroup.co.uk/topic/404240-arrowshoos-spc-old-newday-aqua-credit-card-debt-claim-dismissed-no-dn/page/4/#comments default notice win  https://www.consumeractiongroup.co.uk/topic/407490-meiii-cabotnolans-spc-claim-old-yorkshire-bank-loan-2nd-claim-dismissed/  
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    • With regard to your question on post 207 if you bring in the points that I made on the validity of the contract they are supposed to have with Peel holdings then mention that there are already doubts about the validity of the contracts that are being used by the PPCs and the OPS is a classic example. Once you are on there you should then try and get your other point in after that.   if it is in connection with the extra charge of £60 remind the Judge that the charge has been defined by many Court across England that the charge is an abuse of process which was covered in PE v Beavis at point 198    " The charge has to be and is set at a level which enables managers to recover the costs of operating the scheme"  IE the £100 charge covers all their expenses so nothing should be added.   as their WS claims an extra £60 that could be judged as perjurious since it is an additional sum that should be known by VCS and the author of the WS as a double recovery. Especially as they have already lost in Court for the same reason.   Another cause to prove that they do not comply with their Code of Conduct. file:///C:/Users/User/Downloads/CamScanner%2008-05-2020%2016.34.59.pdf  Byelaws are statutory not arbitrary as their WS said on no .42 .   Best of Luck.   The above URL does not work but this one does http://forums.National Consumer Service.com/index.php?showtopic=133001    [20.1 is where  VCS  lost then 20.2 where they appealed and lost again . But read the whole thread as it may help you in other ways too.
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    • stop doing nolans job for them... there are numerous threads here in the same forum yours is in     no DN info to follow   dx    
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
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Enforcement of 8 year old CCJS


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Dear All,

 

I need some of your wisdom. I was renting an apartment with a colleague in 2000, paying my half of the rent into his account for him to pay it all to the landlord. It was a joint and severably liable tenancy. The long and short of it, he ran off without any payment to the landlord and left us both distraught and the landlor £7k short. The landlord then sought proceedings via the county court to recover lost rent and his solicitors fees. In all the judge asked the landlord to release me from the debt as I was able to prove my payments. However, he held that I was not to be released. The judgement was made in June 2001, that myself and colleague were to repay and we both moved with assurances that my colleague would pay the amount outstanding. He did not pay and I was unaware having moved addresses etc. In all, it is now 2009 and I have just received a letter to my parent's address from the landlord's solicitors threatening enforcement of the debt of the £7k. I am most upset by this. Is this allowed? Is this legal after all this time? What can I do to cease this behaviour? I certainly can not afford the £7k.

 

Pointers very much welcomed.

 

Thanks

 

D.

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They cannot take enforcement after six years without leave of the court & even then they would have to show good reason why they didn't pursue the debt earlier.

Anthrax alert at debt collectors caused by box of doughnuts

 

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It would be extremely difficult for them to get the courts permission to enforce the CCJ after six years. They would have to show good reason why they hadn't before & as they knew your parents address they could hardly say they had no means of contacting you.

 

Even if they managed it, it would be the original CCJ they wouldn't get a second one so it cannot be registered on your credit file again. Similar to a default a CCJ drops of your credit file after six years, the difference is it never becomes Statute Barred only unenforceable without the courts permission.

Anthrax alert at debt collectors caused by box of doughnuts

 

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Given that that after 8 years they have still not enforced it, I am tempted to just leave it until they write to me at the correct address and the court have backed the enforcement. At such time, I guess I will have to make an arrangement with them to pay the monies (although morally not in agreement). Is this a recommended approach?

 

Legal stuff heh! I was just worried that a CCJ would be just reapplied to my credit file.

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  • 2 weeks later...

As I said earlier they can't get a second judgement for the same debt, nor can they re-enter it onto your credit file once it's dropped off + they'll have to get permission from the court to enforce the original CCJ.

 

I would ignore them until such time as they come up with something more than mere threats.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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Hi Cerberus,

 

Thank you for all your help with this matter. So, basically, I should wait until I receive a letter from the courts and then take it from there, should the court accept their request? Additionally, if they apply to the court, what happens then?

 

Many thanks, much appreciated!

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I've never known a creditor applying to re-enforce a CCJ, but I assume the court would contact you before a decision was made.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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