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CCJ Help / Equidebt


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Hi. I will try to keep this short. My fiance has been living with me for 12 years.

 

He received a letter from Equidebt a couple of weeks ago attempting to contact him. Also had a couple of recorded telephone message left. Ignored everything. Today he has received another letter from them stating they have been instucted by Activ Kapital to collect £1500. These are the only times anyone has ever contacted him at this address.

 

He can remember an outstanding loan he had but cant remember how much/who with. He has had no contact with anyone regarding this debt for at least 12 years, maybe longer.

 

The thing we need to know is how will he know whether a ccj was taken out on him if it was over 6 years ago as we have read that it will not show on his file after 6 years. He has never received any paperwork. Was going to try a credit search but cant remember all of his previous addresses.

 

Now we don't know what to do. Any help/advice would be very much appreciated.

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do nothing it's a phishing trip there on here i bet. do not speek to them or reply to there letters untill they give you more info

a ccj will still be stat barred after 6 years as well.

 

 

A CCJ is not statute barred I have been told, BUT if there has not been any activity for years then a purchaser etc would have to apply to court wilth a good reason to instigate proceding, A.K. usually buy rubbish and hope you have no knowledge, wish I had that Knowledge back in the late 90s . Phishing ecxercise may be , see if anything happens next - probably not, so wait no contact unless you hear again and let peeps here know.

 

A CCJ drops off your file after 6 years.

:mad2::-x:jaw::sad:
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Hi welcome to CAG.

Start by making a CCA request to Equidebt to see if they hold the agreement for the account, there is a template in the CAG library for this, there is a £1. statutory fee they have a 12+2 days to reply.

 

Next check Trustonline site this will enable you to see if there is a CCJ in place. (there is a small fee for this).

 

Will your fiance remember when the last payment or acknowledgment in writting was made on the account.?

 

Check credit reference files Equifax and Experian (Credit Expert) have free 30 day free trials, Callcredit (Noddle) is free but not always as up to date.

 

My feeling is that if there has been no payment or written acknowledgment in SIX clear years then this debt is statute barred, so if he is certan that the criteria above are correct send the follwing to the compliance manager at Equidebt.

 

Ref: as on their letters.

 

Dear Sir or Madam,

 

I refer to your letter dated xx xx xxxx in which you allege that I owe a debt to Aktiv Kapita for the amount of £1500.00 please note I do not acknowledge any debt to Equidebt or Aktiv Kapital.

 

Having taken advice on this matter and researched my credit history I have concluded that any such alleged debt is statute barred, therefore I will not now or in the future make any payment or offer of payment in regard of this alleged debt.

 

I am fully aware of the Limitations Act 1980 and the OFT Guidance on Debt Collection 2003/2011 and the sections regarding the pursuit of statute barred debts.

 

You will now cease to process all data relating to me and remove it from your records.

 

I suggest that you return the file on this matter to your ''client'' with a copy of this letter.

 

Send this recorded delivery AFTER you have checked credit files and trust online.

 

Even if a CCJ has been placed if the claimant has not attempted to enforce for 6 years it will be virtually

impossible for them to restart a claim.

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a CCJ doesn't become SB, but unless they enforce it within six years they will have to apply to a court for permission to do so however;

 

Section 24 of the Limitations Act 1980....

 

(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.

 

For this reason alone, cc judges would not normally allow enforcement.

 

There is case law to suggest that 6 years is enough time for a claimant to enforce a judgment debt. In Patel v Singh [2002] EWCA Civ 1938 and Duer v Frazer [2001] 1 All ER 249 leave to enforce these debts were both refused.

 

 

this is a good reason

PHOTOBUCKET TUTORIAL IS NOW DONE HERE IT IS

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