Turnball Rutherford Solicitors have just delivered a Stat Demand for Statute Barred Debt** DISCONTINUED**

[broken arrow]

The second is very small, but I can still make your name out.

[Hants38]

 

Whats odd with this one is they state my local court as Colchester, I live in Hampshire???

 

Thanks broken arrow for pointing that out much appreciated

[broken arrow]

They do get things wrong...............

[BRIGADIER2JCS]

NOT IN ALRESFORD?? I LIVE 2 Miles from Alresford Essex

sent a foreign truck driver on his way looking to deliver

to Alresford Hants:!:

[DonkeyB]

I wonder if there is someone with your name lives in Colchester area? Have you ever lived near there? Think we can see what's coming, which would make their finding you now all the more, er, clever.

[broken arrow]

getting interesting this one.............

[BRIGADIER2JCS]

Two places with the same name Alresford, Essex, Alresford Hants

[Hants38]

No never lived in Essex Been in Hampshire for the last 21 years

[citizenB]

I am still very puzzled about the mention of the CCJ.

 

If they have already obtained judgment by default.. ie you werent aware of the claim and did nothing.. then all they have to do is enforce the judgment.

 

Or, are you saying that they have issued a Claim form against you.. in addition to serving the Stat Demand ?

 

Or are you saying they have written to you advising that they have already obtained a Judgment against you. When in fact they havent ?

[DonkeyB]

Well, finding out what was on the original claim form is the key to this.

[BRIGADIER2JCS]

I've seen cases from Alresford Hants allocated to Colchester CC

on a fairly regular basis an tother way round.

[Hants38]

I am still very puzzled about the mention of the CCJ.

 

If they have already obtained judgment by default.. ie you werent aware of the claim and did nothing.. then all they have to do is enforce the judgment.

 

Or, are you saying that they have issued a Claim form against you.. in addition to serving the Stat Demand ?

 

Or are you saying they have written to you advising that they have already obtained a Judgment against you. When in fact they havent ?

 

Yes they have a judgement against me but i could not defend it as I knew nothing about it until i got a letter from Northampton court stating a Judgement had been made against me.

 

Either way the judgement has been made on a debt over 6 years old so i'm unsure as to firstly how the judgement was granted and secondly how a juddgment could be made against me with no prior warning letters from the court ever being sent to me? I'm pretty sure the letter was from the court but it may have been from HFO it was so badly photocopied i filed it in the bin as from what I could see at the time the debt is and still is statute barred.

 

Sorry this one is not easy

[citizenB]

Righto, so you have received a Judgment order from the court.

 

Then why are these cretins NOT enforcing the judgment.. It is bizarre they have issued a Stat Demand and TBH, I am not sure they CAN do both on the same debt.

 

I would say that is a very good reason to have the set aside in that they have already obtained a judgment, which had you known about, you would have defended on the same basis that the debt was statute barred.

[Hants38]

OMG I am so confused now I thought that the Statute Barred came once CCJ had been awarded as a normality and next stage as I have no intention in paying off the Statute Barred debt the CCJ was awarded too. Are you saying that their is no reason for them too go the Statute Barred route if they already have a CCJ against me.

 

I'm concious of time and don't want these HFO cretins to use a loophole in law to win more than double the original debt which is statute barred anyway???

 

Sorry but am getting really worried now

[broken arrow]

Dont worry, you will get lots of help on this, just get a copy of the claim form and the judgement.........

[citizenB]

OMG I am so confused now I thought that the Statute Barred came once CCJ had been awarded as a normality and next stage as I have no intention in paying off the Statute Barred debt the CCJ was awarded too. Are you saying that their is no reason for them too go the Statute Barred route if they already have a CCJ against me.

 

I'm concious of time and don't want these HFO cretins to use a loophole in law to win more than double the original debt which is statute barred anyway???

 

Sorry but am getting really worried now

 

This is what we are trying to establish.

 

You have advised that you have been notified by the court that a CCJ HAS been awarded against you.

 

Then you advise a Stat Demand has been poked through your door.

 

Why have they done both? If they do have the Judgment in default then all they needed to do was enforce the judgment.. eg ask the court to MAKE you pay

 

IF the debt is statute barred, then that would have been a total defence against the CCJ.

 

Please let us see the information from the court.. and then we will be able to advise further on that.

 

Plus, if you have a CCJ against you, then you will need to get that set aside as well ..

[broken arrow]

It will take a week or so for the court to get the info to you, can you ask how much they claimed and how much they were awarded on the judgement.

[BRIGADIER2JCS]

Hi the Limitations Act: A debt becomes time barred

if in 6 clear years no payment or acknowledgement

in writing has been made, the debt still exists but

cannot be enforced in court.

The OFT Guidance states tha '' it is unfair to continue to press for

payment IF the debtor has stated that they will not be paying

(a statute barred debt).

[coledog]

The judgement would have been a default judgement as no defence was submitted. The court would not check the SB status, this is something that the defendant has to declare. If it was SB prior to the claim being issued, you have a defence but need to get to the bottom of this claim. What exactly did the letter from the court say? We need to know if the claim was only for part of the debt, which would explain the SD as they are trying to get the rest

[Hants38]

This is what we are trying to establish.

 

You have advised that you have been notified by the court that a CCJ HAS been awarded against you.

 

Then you advise a Stat Demand has been poked through your door.

 

Why have they done both? If they do have the Judgment in default then all they needed to do was enforce the judgment.. eg ask the court to MAKE you pay

 

IF the debt is statute barred, then that would have been a total defence against the CCJ.

 

Please let us see the information from the court.. and then we will be able to advise further on that.

 

Plus, if you have a CCJ against you, then you will need to get that set aside as well ..

 

I don't have that paperwork as it was of poor quality and at the time I thought it was HFO trying it on again the documents were poor quality photocopied blue documents and had a really poor Northampton court stamp on them. As I said in a previous quote I am not sure if the letter was from the Court or from HFO either way I binned it.

 

From memory the figure on the CCJ I believe was the same (around £8000)

 

I guess i'll have to speak to the court on Monday and start digging up some info.

 

thanks again

[patrickq1]

subbin

[Hants38]

I have just been googling about and apparently HFO have been known to take unenforceable debt to a CCJ as in my case and then they have an unenforceable debt e.g. Statute Barred made enfoceable I think this is what they are trying to do to me. So are you saying now they have the CCJ there is no reason they would or should have issued me a Satutory Demand notice?

 

I'm starting to smell a rat here myself but either way is I have a Statutory demand being made against me

[coledog]

Yes we need to deal with the Statutory demand and also check out this court claim, so ring the court ASAP. Have you contacted Barclays? Don't worry, these clowns are getting away with too much but think their days are numbered.

 

Evening Patrick, nice to see you - interesting times!

[DonkeyB]

From the dates you say you may have last paid it might not be SB anyway.

 

But that's not the point – find out first from the court what the address on the claim form is, and we'll go from there.

[DonkeyB]

And yes, you can issue an SD against a judgment, I'm afraid.