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    • @dx100uk Well my pro-rata offer is minus at the moment lol so I will look to modify it and offer the £1 token payment. Is that the right move? At the end of the day both they and I know that you can't get blood out of a stone and I am a stone currently   Thanks again sir
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    • Hello   Thank you for your response, I think I have done this right. My responses are in bold    Name of the Claimant ?  Merligen Investments LTD    Date of issue –   12/11/2019        Particulars of Claim     What is the claim for –  1. The defendant owes the claimant £209.79 under the a regulated agreement with Studio Retails T/A Ace dated 16/10/2015 and which was assigned to the claimant on 19/07/2017 (debt)   2. Despite formal demand for payment of the debt the defendant has failed to pay   and the claimant claims £209.79 and further claims interest thereon pursuant to section 69 of the county courtact 1984 Limited to one year to the date hereof at the rate ot 8.00% per annum amounting to £16.78    What is the total value of the claim? £301.57     Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No    Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No    Did you inform the claimant of your change of address? no    Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? cat debt    When did you enter into the original agreement before or after April 2007 ? no   Do you recall how you entered into the agreement...On line /In branch/By post ? Online     Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No    Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt purchaser    Were you aware the account had been assigned – did you receive a Notice of Assignment? No not received any correspondence apart from a couple of recent Text messages and in all honesty I thought it was a [problem]    Did you receive a Default Notice from the original creditor? No     Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Nothing     Why did you cease payments?  About 3 years ago     What was the date of your last payment? Can’t remember     Was there a dispute with the original creditor that remains unresolved? No dispute     Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  no          
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exploringdebt

I have a debt that is over six years old but have found out that a ccj was issued for only two months payments

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I have found out that a ccj was issued in Northampton 5 and a half years ago for a few hundred pounds for a couple of missed payments on a loan that I stopped paying. The ccj wasd not for the total debt amount ( thousands) .

 

The debt ompany had made an agreement with me, which I kept to , then they sold it on and the new company wanted to renegotiate everything - this would of caused issues with my ability to service my other creditors who I made an agreement with ( I continued to pay over six years all my agreements that I made , to those that kept to the agreements) so I stopped making payments ( in hindsight perhaps I shouldn't have but I was really angered by them.)

 

 

If I pay the ccj for a few hundred pounds now , will the remainder of debt be able to be called statue barred or have I to pay it all( or wait another six years), can the company repeatedly fast track their ccj's through Northampton with the aim of getting me to pay more than once and the court fees and solicitor fees repeatedly.

 

Lots of issues here which my research has opened more questions that answers - I would like to know where I stand legally before contacting anybody

 

thanks

 

exploring debt

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when was the last payment to the CCJ debt

 

If the CCJ is nearly 6 years i would keep my head down till it falls off

 

if they not enforced it in 6 years they would have to go back to court with it but that is rarely if ever given


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I have never made a payment to the ccj - It was only from some unopened mail in a clear out that I came aware of it - I took a extended holiday overseas for a year about six years ago and only found out about the ccj relatively recently. I have been wondering about it for a while now - but it is now more than six years since I stopped paying the debt agreement, so I thought that I should investigate my position

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So the Claim was purely for the arrears (the 2 months missed payments) ?

 

If there was a payment plan in place when the debt was sold originally, then the new owners were bound by that arrangement until any review was due. So you might have been able to fend off any claim had you been aware of it and defended.


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If you have not made any payments toward the part of the loan that was not subject to the CCJ, then I would say, yes.. if it is longer than 6 years since the missed payment and you have not admitted liability either in writing or verbally then it is statute barred.


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HERE

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Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

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2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Citizen B - thanks _ I hope you are correct. I have not made payment to the CCJ or non ccj'd part of the loan( the largest part by far).

 

I am happy to pay the CCJ, I believe that a ccj has no time limitations on it, but am really worried that by doing so I would start the clock on the other part of the debt, which has had no correspondence from me or payment for in excess of 6 years

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i do love it when i can post this.

 

section 24 Limitation Act 1980

 

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.

 

 

this applies to ccj's as well

Edited by huggy41

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ignore it its gone.

 

once a debt is barred its barred it cannot comeback

 

as for the CCJ, it would need to be re-activated by the CLAIMANT

 

and that is VERY VERY VERY rare.

 

dx


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