12/13 year old credit card debt

[Supershell]

I have a question, I had a debt with barclaycard about 13 or so years ago,I dont even recall If i ever got a CCJ i have now had a letter from Aktiv Kapital saying I owe them 1900.00 from barclaycard, should i just ignore them or should i contact them, i know about statute barreddebt but not with a CCJ?? i dont want to send that letter about statute barred stuff in case they actually did take me to court... help anyone??

[ims21]

You should be able to check for a CCJ at trust online

 

http://www.trustonline.org.uk/

 

Thread moved to Debt Collection forum

[lookinforinfo]

I'd ignore them.

Even if there was a ccj issued,as the debt has not been pursued for so long, the ccj could not be enforced anyway.

 

Are you still living at the same address as you were 13 years ago?

 

Have you checked your credit file?

[Supershell]

I have checked this and there is nothing on there for me under judgements - is this because its so old though??

[Supershell]

my credit is fine now and its my parents house which i have moved back to for the time being but i dont want them sticking something on my credit file after i worked so hard getting it back up to scratch

[lookinforinfo]

They cannot put anything on your credit file now relating to that debt.

 

If you had a ccj, it would drop off after 6 years though would still be pursuable had the creditor persisted in contacting you over the years. Now it is too late

to do anything by AK.

 

How do they know your new address? Or are they on a phishing trip?

[Supershell]

well i lived at my parents house when i took out the card then moved out and i have moved back for a while - electoral roll perhaps?? or maybe yeah a phishing trip, i have not replied to them, i just dont want anyone from these companies turning up on my parents doorstep or them demolishing my lovely now good credit rating

[lookinforinfo]

In that case, go for the statute barred letter and the template refusing them permission to visit your

home. In addition, tell them that you are complaining to Trading Standards about their actions.

[Stigman]

i just dont want anyone from these companies turning up on my parents doorstep

 

Even if someone does turn up, these people are on a self-employed commission only basis, they are not bailiffs and have as much power as my dog does demanding bonio's from you!

Tell them to leave the property immediately, if they refuse, call the police and they will remove them on your behalf and state you want to press charges!

 

When they do leave, they will mouth off about CCJ this, Court that etc. This is only because they have driven to see you spending all their money on fuel and time for no commission payment!

 

Stigman

[BankFodder]

I'd ignore them.

Even if there was a ccj issued,as the debt has not been pursued for so long, the ccj could not be enforced anyway.

 

I'd like to know more about this. I'm not at all sure that an order of the court - a CCJ - could ever expire which means that it would always be enforceable. Is there any link to any authority which says that a CCJ only lasts for 6 years.

I know that a CCJ drops of one's credit file after 6 years - but this is a different thing.

 

Finally, you should understand that debt collectors are a law unto themselves, the CRAs are largely unregulated and out of control and it is entirely possible that a DCA could blight your credit file - even after all of this time. You might be able to challenge it - but they could still do it to you to begin with.

[Supershell]

Are they able to put something on your credit file even if it has already previously been on there and dropped off now? that would mean that there could be a never ending succession of these parasites adding defaults onto my file?? Im pretty sure they cant put another CCJ on again surely if you have had a CCJ previously they cant take you to court again for the same debt??? Surely???

[Daif]

I too have had Global chasing me for a 10yr old credit debt, I made the mistake of speaking to them and they said I had a CCJ against me for it. I have no memory of the debt (doesn't mean I didn't have it!).

I think I'll go down the statute barred route and let them fight for it!

[lookinforinfo]

I'd like to know more about this. I'm not at all sure that an order of the court - a CCJ - could ever expire which means that it would always be enforceable. Is there any link to any authority which says that a CCJ only lasts for 6 years.

I know that a CCJ drops of one's credit file after 6 years - but this is a different thing.

 

I didn't say that a ccj only lasts 6 years, Bankfodder. In fact if you read my post 6, I said there that although the ccj was still pursuable after 6 years, that as no contact

had been made within that time that it was too late to start now. This has already been covered on CAG and been stated that no Court would

agree to enforcement when there had been such a long time without any collection attempts since the ccj was granted.

Edited August 27, 2012 by lookinforinfo

[lookinforinfo]

"A CCJ never becomes SB but under s.24 of the Limitations Act the right to take enforcement does if it hasn't been implemented within six years".

 

This statement was made by Cerberusalert on another thread-

http://www.consumeractiongroup.co.uk/forum/showthread.php?363157-DCA-with-default-CCJ Please see post 9.

Edited August 27, 2012 by lookinforinfo

[huggy41]

I'd like to know more about this. I'm not at all sure that an order of the court - a CCJ - could ever expire which means that it would always be enforceable

 

 

s.24 of the Limitations Act

 

Time limit for actions to enforce judgments.

 

(1)An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2)No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

[BankFodder]

s.24 of the Limitations Act

 

Time limit for actions to enforce judgments.

 

(1)An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2)No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

Thank you. That's what I wanted to see.

Amazing - all this time and I didn't know about this!!!

Thanks very much

[lookinforinfo]

Perhaps a letter to AK quoting the Office of Fair Trading guidelines on statute barred debt might be sufficient to shut them up.

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT664Rev.pdf

 

Statute barred debt

3.14 This guidance applies to the pursuit of debt regardless of its age. This section seeks to address specific issues related to 'statute barred' debt and sets out what we consider may be unfair or improper practices, whether unlawful or not. It also sets out the differences between the law in England and Wales, Northern Ireland and Scotland.57

57 See Annexe B for further information on the legal position in each jurisdiction OFT664Rev | 36

 

3.15 The OFT position with regard to the recovery of statute barred debt is:

a. we accept that the situation in England, Wales and Northern Ireland is that statute barred debt still exists and is therefore recoverable. However, in Scotland, statute barred debt is 'extinguished' and is consequently no longer recoverable

b. where businesses seek to recover statute barred debt in England, Wales or Northern Ireland, we consider that the following may be unfair or improper practices:

(i) pursuing the debt under circumstances in which the debtor has heard nothing from a creditor during the relevant limitation period.58

(ii) misleading debtors as to their rights and obligations If a creditor has been in regular contact with a debtor before the debt is statute barred, then we do not consider it unfair to continue to attempt to recover the debt

For example, stating or implying that debtors may be the subject of court action for the sum of the statute barred debt when it is known, or reasonably ought to be known, that the relevant limitation period has expired.

The person seeking to recover the debt would effectively be relying on the debtor not knowing the relevant legal provisions.

(iii) continuing to press a debtor for payment after he has stated that he will not be paying a debt because it is statute barred

58 See Annexe B for further information on relevant limitation periods. OFT664Rev | 37

 

c. where businesses seek to recover debt that they know, or reasonably ought to know, is extinguished, we would be very likely to consider this an unfair or improper practice which calls fitness to hold a consumer credit licence into question.

 

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315c in particular calls into question AK's fitness to hold a consumer credit licence.

 

Send a letter to AK with a cc to the OFT [marked Fitness to hold a credit licence] pointing out that you have heard nothing from anyone about the debt for 13 years in which case AK MUST

know that the debt is long since extinguished and is relying on your ignorance of the legislation to collect a debt that you cannot remember any details of. It might be helpful to include a copy of

AKs letter with the one to the OFT.

 

I would imagine that you will hear no more from AK though they might hear from the OFT.