Jump to content
bobbielee

Time Limitation

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3613 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello,

 

Last July I had reason to question a debt collector's methodology of pursuing two debts, and for the purpose of clarity I will discuss one of those debts.

 

The original lender obtained a default Judgment against me in 2002 for £301.33 + costs which has been paid.

 

As stated, last year I SAR'ed the debt collector. In sorting through the bits and pieces I spent time looking at the documents which referred to the Judgment in 2002.

 

1: the Judgment was of the type "forthwith" and I had been paying by instalments.

2: the Default Notice had arrears of £548.80 (4 * £137.20)

3: the true figure should have been £411.60 (3 * £137.20) a 25% error

4: the agreement was subsequently terminated

5: the Judgment debt was £301.33 which should have been £164.13 a 45.5% overvalue

6: the Statement of Account does not show any of my payments, whatsoever.

 

During last year, I have had heated exchanges with the opponents solicitor who denies everything.

 

AS this happened in 2002 I am concerned about bringing proceedings against these people, because of time limitation.

 

I need to know:

 

a) Does the clock start from 2002, or

b) from the time I am made aware of the injustice?

 

What can I do to maximise my attack on these people?

 

 

B.

Share this post


Link to post
Share on other sites

Hello,

 

Any advice please?

 

 

B.

Share this post


Link to post
Share on other sites

What kind of proceedings are you wanting to pursue? What is it that you want them to do?Limitation Act 1980 Section 5 says that formal action cannot be taken 6 years after the cause of actionIt depends on what kind of action you want to bring. Defamation? money?


I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

Share this post


Link to post
Share on other sites

If they got a CCJ whether legitimate or otherwise then there's no SB limitation.

 

If the "default judgement" was faulty then you need to get a set asisde; Now if THAT works then the debt WILL be SB'd (2002).

 

The question a judge *might* want to know is why have you taken so long in contesting the original CCJ.

 

As for Interest etc I was under the impression that once a CCJ is obtained for Consumer Credit any debt UNDER 5,000 GBP CANNOT have interest or other charges etc added on AFTER judgement -- so another cause for complaint.

 

Cheers

jimbo

Share this post


Link to post
Share on other sites

Hi

 

I did not find out about what had happened until July 2009. This all became apparent on receipt of the Subject Access Request.

 

The CAB have informed me that in this case the time limitation begins when I first became aware of the incident.

 

On the back of an invalid Default Notice they terminated the Account and obtained a default Judgment which had an inflated Judgment debt.

 

On opening the SAR, I found that the money i had been paying (had paid) was not visible on the Statement of Account. This is why the DCA was chasing the debt.

 

I was unaware that a rescission of contract had occured and this destroyed my credit file for 6 years.

 

I want my money back and compensation.

 

I hope I am making sense.

 

B.

Share this post


Link to post
Share on other sites

Hello,

 

Can anyone assist with this?

 

B.

Share this post


Link to post
Share on other sites

Apply to set aside the original CCJ. You need to complete the N244 form and send to your local court, with the relevant evidence.

 

See the insolvencyhelpline guide on this.

 

http://www.insolvencyhelpline.co.uk/ccj-removal/index.php


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...