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    • there is never a need to use signed for. it doesn't work to po boxes etc as most firms use mailing centres. follow the guide next time, 2nd class stamp with free proof of posting is all thats needed. do not respond by email phone etc. could there be a case of irresponsible lending here? was your file shot with defaults and lots of lending already in debt when they gave the loan too you? that could be the reason. dx  
    • well make sure you write telling them of your correct correspondence address , they wont do anything nor sell it on i doubt. so they are pulling their old stunt of a managed loan (search here for HSBC Managed loan). they got carpetted for that several years ago. make sure there is zero income going into the od account. open a parachute account pronto is there is. starve them of income, the od can go sing dixy now. is your home jointly owned? mortgaged? just looking to their options should they go nuclear. dx
    • well done.  you know the routine. hold on filing till say 20th ish? get it in before xmas/new year closedown / postage issues. you'll see the sticky upon how to respond to an SPC and you'll need to make ref to the previous failed CCA request. that wont go down well with the sheriff, AYR guys know nolans very well and their tricks. had previous dealing with 2 of the sheriffs there won both.  ps have a look in financial legal issues and you'll see numerous barclaycard claimform threads. BC never give out the cca even for 2015 online signup, 9/10 its fake stuff and claimants try to rely upon recon rules.
    • Thanks, that gives me a bit of comfort.  All onboard at my end: filed, signed and dated - and accepted by the court. They also confirmed they would send the defence to Nolans.  I also posted my defence. Positive I've proof of posting, but will have to do a bit of digging to find it. Clerk reviewing and will get back to me with what to do. Assuming this can be recalled, they've bought themselves more time to uncover the paperwork which they've yet to provide
    • they've pulled this trick several times before. as long as your filed defence has the intimation sheet signed as the last page and a date you'll be ok, sounds like a court mistake here to me speak to the clerk , i cant remember on ordinary cause claims but i think a repone is quite expensive, you shouldn't have to be doing this nor paying for one. how did you serve your defence on nolans just for the record and did you get free proof of posting. dx
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      • 2 replies

I'm worrying about my Partner's debt


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Hi :)

 

I'm trying to help my partner,

who's been living with me but has ignored debts of approx £10k for a minimum of 6 years

which accumulated before my partner arrived in my life.

 

My partner with encouragement has tried general counselling but it wasn't long enough time spent to get to the root of the problem.

 

Is reluctant to seek further help.

 

With a MH condition I'm wondering if it might be possible though to get MIND to help....

 

Doesn't want to file for bankrupcy though.

 

Been out of work, then my carer so can't afford to pay loans back.

 

Is there a risk at my home of bailiffs?

 

Are there any other options I can steer my partner towards?

 

Any ideas are appreciated, thanks.

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best policy is check his creditfile

 

what shows

 

and why are you worried

are you getting letters?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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In order for bailiffs to visit your home the creditor would of been to court and got a CCJ

even if they got a CCJ there is no right of entry no force for a high court enforcement officer to a residential address

You do not need to open door to them

 

If your partner has gone 6 years with no payment on the accounts they may be statue barred

 

If there was going to be any court and CCJ I expect they would of done it years ago

 

Check the credit file noodle is free

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Thanks for your replies, I'll check his Noddle credit file. (Having a look at the moment... it wants to identify him by his bank card and wants numbers is this normal?)

 

No I'm not getting any letters, phew!

 

I'm so glad to hear there is no right of entry to a residential address. I had contemplated I could get stress at my front door. Big phew!

 

There has definitely not been any payments made.

 

This 'statute barred' looks very interesting.

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its for verification

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ahh okay thanks. It looks like a clear Noddle report at current address but need to check on a previous address which seems to take a further month to obtain on this account. Then hopefully we will know if there were any court actions.

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so all his past addresses are not showing in linked addresses?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Trust online will show up any current CCJs ( there is a charge for this).

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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No there's no linked addresses, we've had a look through all the different sections. We've had to edit his current profile address on Noddle to an old one where he had the loan so that when it does a monthly update it will show anything outstanding at his previous address.

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How much do they charge for checking CCJ's?

I believe it's around £4.00 per address, But the system is accurate and up to date.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I've searched Trust online in the Orders & Judgements section and I'm pleased to find there is nothing registered.

 

But what if a CCJ was registered prior to these 6 years? I guess I can't check anywhere prior to 6 years can I?

 

I found this article through Googling 'statute barred'.

 

http://www.debtwatchdog.com/statute-barred-debt-england-and-wales-Article-215.html

 

So have I got this right?

 

If a CCJ has been registered before (but not currently on the list) this means statue barred does't apply, so the loan company could pester him in the future.

 

But if a CCJ has never been registered before statue barred does apply, the loan company could still pester him in the future but would only be successful if he was to admit he owed them in the first place.

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if anyone does not enforce a CCJ in the 'allowed' 6yrs

then it extremely rare for enforcement to be granted outside of 6yrs

 

I think you are worrying about nothing.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I think you can safely ignore any threat of court action now, there has been plenty of time for any action to be taken.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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*Shocked.......* Wow!

 

I can't understand why they wouldn't have registered a CCJ.

 

But I guess if my partner didn't respond to any letters and no payments were made

and then my partner moved to a different address they gave up trying to find him.

 

Wow thanks for helping me put things into perspective. *Relief*

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the CCJ will always be registered

 

however it over 6yrs so drops off CRA file.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I've got the dates muddled up.

It was Sept 2008 my partner was made redundant due to the company closing the branch. This was when my partner was unable to make payments. So if a CCJ was registered it would have been just in the period after redundancy, so it would still show on the list waiting to come off. So then a CCJ might not have been taken out against my partner? :???:

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I've got the dates muddled up.

It was Sept 2008 my partner was made redundant due to the company closing the branch. This was when my partner was unable to make payments. So if a CCJ was registered it would have been just in the period after redundancy, so it would still show on the list waiting to come off. So then a CCJ might not have been taken out against my partner? :???:

Possibly yes. Did you check previous addresses (if any)?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 2 weeks later...

Yep I checked his address where he was living at the time and nothing was registered. (It just sounded like too much of a miracle ending, I couldn't believe there would be any law on the side of the people in this day and age.) Thanks so much for putting my nightmare problem into a new perspective. Much, much appreciation.

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