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    • I am trying to follow your advice in post 21 which suggests the kennels T&Cs are over ruled by the CRA As I understood it , even if the kennel felt they good reason to refuse the dog boarding, which would be a difficult point to argue , as I am unable to get the vet to confirm they said the dog “should “ be ok ,the most the kennel  would be entitled to would be reasonable admin expenses due to refusing to accept the dog . Then I read in you last post , which  to me seems a contradiction . Paragraph 3 suggests a Judge would favour the kennel and its stance ,then paragraph 4 says to deny a refund in unenforceable . Surely if to deny me a refund is unenforceable at common law , then a Judge would have to rule in my favour . So if I continue I need to be sure I am citing the correct sections of the CRA
    • To clear this up !This new ccj claim from cabot/Mortimer is  for  a bank i have no account with.And is obviously trying to make out my older debt is not statute barred.They think i will respond and start the six years all over again for a totally diferent debt. I have no debt with the bank they are claiming against me with. Do people not understand this?
    • The site has a drop down for different postal services, implying the exclusions are based on the service you use, yet when you select different services the exclusions appear to remain the same, and certainly in the case of Parcelforce do not tally with the cover included by Parcelforce.   My P2G account still shows the declaration I made.
    • Finally go  a little time to myself, so knocked the defence from your given examples. How does it look?   1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974. They have sent an alleged copy dated 28th Jan 2018 from my cpr31.14 request. this is the first time I have seen this letter.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   If you think it's okay, I'll get it put in today.    Thank you for all your help on this. 
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Is this debt statute barred?

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I'll try and keep this as short as possible, in the hope that it won't send anyone to sleep! :lol:

 

From the age of 18, I had various forms of credit, without any problems, and as the years went on I ended up with a couple of credit cards, a store card, car finance etc etc. Anyway, about 11 years ago, it all went horribly wrong, and following the collapse of my business and two quickly consecutive bereavements, I had a nervous breakdown.

 

Despite intervention from those that were caring for me at the time (including copies of medical certificates as proof), none of the PPI that I had been paying covered me, as I was suffering from "mental illness" and that was not covered. This essentially meant that I now had a pack of wolves baying for their money back, and lobbing CCJ's my way whenever they could.

 

As my health improved, I decided that a complete fresh start was in order, and headed south to London (I originate in Scotland) - however, for a considerable amount of time, I basically ignored a lot of the debt. One or two of the lenders treated me with a tad more respect than others, which led me to settle those debts first, and the bulk of what I owed was paid back a few years ago.

 

One debt in particular, I hadn't heard much of, until a couple of years ago when I got a letter from a collection company - and since then I have had the odd letter from a couple of different companies (the last one being Aktiv Capita), none of which I have acknowledged. At the end of last week, I received a letter from yet another different collection company, stating that they were sending a collection agent to my door within the next ten days.

 

I am not too fussed to be honest, as more often than not I am out at work - I'm sure the dog will deter them from doing anything silly ;) - however, I was wondering if the debt (which is for about £3700 for a storecard/fuel card) would be statute barred by now? I know for sure that I have not acknowledged the debt for at least eight years.

 

Assuming that it is statute barred, will them sending me letters still be battering my credit rating (all agreements since my illness have been conducted without default, albeit with the likes of Welcome Finance)?

 

Thanks in advance.

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If you have not acknowledged or paid into the account for 6 years (5 YEars scotland) then it's statute barred.

 

Do you know where you stand re ccjs?

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If you have not acknowledged or paid into the account for 6 years (5 YEars scotland) then it's statute barred.

 

Do you know where you stand re ccjs?

 

Somewhat embarrassingly, no I don't - but as a rough recollection it must be around 7 or 8 years since I last was issued one (don't think I settled any of them to be honest) - do they live longer than a debt on its own?

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CCJs won't just dropp off your history and disappear. You can have them set aside, have a read around the forum, and the creditor would have to explain why they haven't been enforced for so long.- I think:)

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Im not a debt expert but the way that I understand it is that if you have a CCJ then they have to go back to the court to collect on a statute barred debt and they must have a very good reason for the lenght of time that has passed between the CCJ being issued and them attempting to collect it.


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and they will drop of your credit file after 6 years


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as ida says it will drop off your CF after 6 years.

and it is also removed from central court files.

 

If the OC deicided to take it back to court after 6 yrs,they have not only to have a good reason but also needed to retain the original court details.;)

 

If it's sold on to DCA they can only obtain permission from the court up to 6 calendar months from purchase date if the debt is over 6 years.

and 12 calendar months if under 6 years.

the also need to produce the court paperwork.

 

absolute cut off period for permission is 10 years.

 

SAM


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Hi Sam

 

absolute cut off period for permission is 10 years.

 

Permisson for what?

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permission to enforce/collect on CCJ.


SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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Thanks for the info:) - oddly enough, I don't think that I have ever had a CCJ in relation to this particular debt, but I will have to get myself sorted with a credit report to find out for sure (thanks for the link kurvaface).

 

Just to clarify, do the CCJ's also drop off the credit file after six years, or will they stay on there forever until they are satisfied or set aside?

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Just to clarify, do the CCJ's also drop off the credit file after six years
Yes

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They dropp off the file after 6 years.

 

Good luck with this and any questions - you know where to come:)

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That is very good news, because I am certain that it has been more than 6 years since I have either acknowledged the remaining few debts, or received any CCJ (or any attempt to collect a CCJ).

 

Hopefully that will mean that once my current loan ends in 16 months time (no defaults, and one payment two days late thanks to a cock up at my bank), then I can perhaps start to rebuild something of a credit rating. Not that I will ever want to have much credit in the future, but it would be nice to be able to buy a car without paying over the odds for interest, or perhaps even look toward getting a mortgage before I am too old.

 

Thanks again for the help :)

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