CCJ Question

[saxon]

Hello, I had a current account with the CO-OP,got into difficulties (charges). Took out a loan to cover them, you can guess the rest.

 

This account under normal circumstances would be statute barred however I am still paying Equidebt, who OWN the debt now.

 

There is nothing on my credit files for this, so my question is

 

Will I still be able to get copies of statements to claim from the Co-op as it is still subject to a CCJ?

[Aitken Brotherston]

There is no reason why you cannot get information about your account via the DPA data access request.

If the reason for the debt and the CCJ is the charges they took, you should also be able to get the CCJ struck off.

 

I am not sure what you mean by statute barred but if it is to do with 6 year limit imposed by the Limitation Act, there may well be an exception that applies here and to all the claims we are pursuing and that would mean that the 6 year limit may well be starting only now.

[saxon]

Thank you for your reply, I have charges on the account, the CCJ is no longer on any credit ref.files, and equidebt have owned the debt for 4 years, I still have over £300 to pay. I'm sure it was 1999 when I got the CCJ, so wasn't sure if the Co-op would still have or would give me any statements.

 

Still it's only £10.00 to find out, will be nice to find out.

[saxon]

Hello, an update, have been looking high and low, and I have found the court judgement, it was Dec 1998, Geoffrey Parker Bourne was dealing with it.

 

Equidebt took it over in Jan 2002, and bought it in June 2004.

 

I telephoned the Co-op, only to be told they have no information on me at all, so no account details. Do they have microfiche as well.

 

So my questions now are

 

1, will Geoffrey Parker Bourne still have my details, is it worth phoning to ask

 

2, as the CCJ is not yet cleared, do I run the risk of it being put back on my CR files if I contact the court for information.

[saxon]

Just an update, have finally found out account number, sort code.

Geoffrey Parker Bourne were the solicitors who handled the CCJ, they had no real info to pass on,but they did tell me who to ask for at the Co-op.

 

As the debt had been sold to Equidebt the info was passed to recoveries dept.

 

And yippee I'm still on file, so a DPA full disclosure SAR going off on Wednesday.

 

I will be back!!!

[saxon]

Hello, just an update.

Due to finacial restraints have just sent the SAR request in, I had no info on the loan so included that request into the SAR letter.

Starting the 40 day countdown on Tuesday.

Bye for now:)

[saxon]

Hello again, could do with a bit of help Please

 

Today recieved some info from the Co-op, all in code, nothing to decipher it.

No statements or list of tranactions.

Have phoned them and they say everything is removed/destroyed whatever, it's gone after 6 years.

 

they have given me data going back to 10/07/98, but there are no statements, I asked about microfiche and there was no comment on that, just they don't keep data longer than 6 years.

 

Can someone guide me, the DPA time limit is up on the 5/11/06.

 

I know there is a follow up letter but can anyone confirm that they won't have the info or is it worth persuing?

[phunkeymonkeh]

They may have the information, but as the judgement was passed over 6 years ago they are not obliged to keep or supply the information to you.

 

Also , if you did incur charges you wouldnt be able to reclaim them because its over 6 years ago.

That said there is a school of thought saying you can claim over 6 years, but ive not looked into it.

[Aitken Brotherston]

1. From my memory when running my business, I was required to keep normal financial records for at least 7 years. I see no reason why your data should not be included.

2. I am not aware of any limitation to the age of information that is subject to the DPA and therefore to a Subject Access Request.

3. The "going back more that 6 years" argument.

 

I believe that there is a Prima Facie case for “deliberate concealment” for the purposes of the Limitation Act 1980 Section 32 subsection (1) (b) qualified by subsection (2).

To my knowledge, this has not been tested in court but would have the effect of re-setting the 6 year limitation clock to start from the date the plaintiff (you) learns of the concealment i.e. now. This would effectively remove the 6 year time limit.

If you have charges that go back more than 6 years then claim them and see what happens. If the bank use the Limitation Act to try to limit your claim you will for sure be “in court” so trot out the above and leave it to the District Judge.

Keep the claim under the small claims procedure limit and the worst that is likely to happen is that (s)he will not agree with you and limit the claim to 6 years.

=================================================================

From the Limitation Act 1980

32 Postponement of limitation period in case of fraud, concealment or

mistake

(1) Subject to subsections (3) and (4A) below, where in the case of any

action for which a period of limitation is prescribed by this Act,

either--

(a) the action is based upon the fraud of the defendant; or

(b) any fact relevant to the plaintiff's right of action has

been deliberately concealed from him by the defendant;

or

© the action is for relief from the consequences of a

mistake;

the period of limitation shall not begin to run until the plaintiff has

discovered the fraud, concealment or mistake (as the case may be)

or could with reasonable diligence have discovered it.

References in this subsection to the defendant include references to

the defendant’s agent and to any person through whom the

defendant claims and his agent.

(2) For the purposes of subsection (1) above, deliberate commission of

a breach of duty in circumstances in which it is unlikely to be

discovered for some time amounts to deliberate concealment of the

facts involved in that breach of duty.

[saxon]

Thank you phunkeymonkeh, I am currently still in the process of taking the Halifax to court for years 7 & 8, they have til the 7th November to file the defense, so will wait and see for that bit.

 

Thank you also to Aitken Brotherston, I had charges but no idea how much, so would you suggest the follow up of the DPA for none compliance, or a preliminary for a guesstimate of charges?