Time Limitation

[bobbielee]

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.

[bobbielee]

Hello,

 

Any advice please?

 

 

B.

[rameses_qc]

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?

[jimbo45]

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

[bobbielee]

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.

[bobbielee]

Hello,

 

Can anyone assist with this?

 

B.

[unclebulgaria67]

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