DCA knowing its Stat B?

[vengeancedemon]

Having recently seen off a certain bunch with the template SB letters in pretty short order,

 

I just wonder if these chancers know that an account is SB when they send out their garbage

or that they do need to be told to check their records,

 

being cynical, I suspect it is the former and they are just chancers

 

Sufficient to say my replies confirm, no further action, all details removed,

wont tell a soul,

wont sell on etc etc,

 

It will be their rectum if they do though !

[ims21]

They may or may not know it is SB.

 

However, being Statute Barred doesn't mean they cannot chase for payment but it does mean that they cannot succeed in any court action to recover it.

 

Until you tell them that it is SB and that you will not be making any payment then they may well continue to hassle you.

[renegadeimp]

When a debt is sold, the previous owner should mark the debt SB.

 

Most times though they dont as they know the debt wont get sold.

 

So they dont update it, and the new owner doesnt know until you tell them.

 

However, there are a few DCA's that do know that the debt is SB,

but they harass regardless,

 

hoping that you dont know what to do,

 

and they get an easy payday.

[dx100uk]

With regard to Statute Barring..........

 

only in Scotland is the debt TOTALLY extinguished [5yrs]

 

in E&W they can still chase and collect after 6yrs

get a court judgement, but not be able enforce it.

 

the Original Creditor is under no obligation to 'mark' the debt SB'd before sale.

 

dx

[vengeancedemon]

Thank you, useful clarification

[fletch70]

My understanding is that issuing proceedings is allowed but gaining a judgement is indeed enforcement so not allowed .

 

Indeed , until you tell a creditor that a debt is statute barred (and it is) they are allowed to keep asking you to pay up (England and Wales)

[renegadeimp]

My understanding is that issuing proceedings is allowed but gaining a judgement is indeed enforcement so not allowed .

 

Indeed , until you tell a creditor that a debt is statute barred (and it is) they are allowed to keep asking you to pay up (England and Wales)

 

And can get a CCJ but not enforce it. It is a very very stupid rule, that a lot of DCA's abuse purely out of sheer spite.

[fletch70]

Of course if undefended then a default CCJ can be issued but a SB defence is absolute (if correct).

 

I would also imagine that if undefended even an enforcement order such as an attachment of earnings could happen. It is up to us to defend sadly not for the claimants to prove their case

[sequenci]

There's nothing to stop anyone gaining a judgment and indeed enforcing it on a SB debt.The onus, as you guys have quite rightly mentioned already, is on the debtor to raise the argument of limitation. If there is already a judgment then a set aside is almost guaranteed - so long as the debtor makes a prompt appication and can show good reason why they never responded to the original claim.