SB debt being chased by Moorcroft

[DBY]

Hi all.

 

Received a letter out of the blue today for an old debt that I believe I had a ccj on which expired in 2011.

 

Thing is they don't demand any cash just say they contacting me for an outstanding balance for an old account

and that I should contact them.

 

I'll be clear, I'm not sure if I had a ccj on this debt or not as my CRF from 2009 doesn't state which company the ccj was for.

 

For the record there is no trace of this debt on my credit files.

 

Fishing letter and ignore?

[fkofilee]

Phishing letter indeed! Just ignore till something more substantial turns up.

[dx100uk]

so whatever the CCJ was about - it gone?

 

whatever the debt was, its since been removed?

 

dx

[BankFodder]

Please read these new rules on the enforcement of statute barred debts

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?426148-CONC-7.15-Statute-barred-debts

Edited June 10, 2014 by Conniff
correct typo

[DBY]

so whatever the CCJ was about - it gone?

 

whatever the debt was, its since been removed?

 

dx

 

Hi DX.

Yes the CCJ disappeared in 2011.

[Conniff]

If there is a ccj on the debt, the dca can go back to the court for permission to collect even if the debt itself has passed the six year mark.

[silverfox1961]

If there is a ccj on the debt, the dca can go back to the court for permission to collect even if the debt itself has passed the six year mark.

 

True but not many do as the judge might just say they already had one bite of the cherry and they didn't take it so why should they have a second go.

 

It may be that Moorcroft have no idea that there was a CCJ attached to this debt

 

I agree with waiting for now until they tell you what is what.

[Conniff]

I just thought it worth warning the OP that it's not completely wiped out and there is a chance it could bight them on the bum.

[Bandit127]

Just for clarity.

 

If a debt is subject to a CCJ, it creates a new debt in law and one that is not subject to the Limitations Acts. If it has not been enforced for more than 6 years, the creditor will have to justify taking it back to court for enforcement.

 

If your debt is not the CCJ one then the following applies (from Bankfodder's post).

A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.

A letter stating that the debt is statute barred, that you have no intention to pay against a statute barred debt and a request that they cease all communication (except to confirm your demands) is appropriate.

 

Following Silverfoxes logic that they probably don't know about a CCJ, I would be tempted to send the letter anyway.

[dx100uk]

agreed

 

dx

[DBY]

Just for clarity.

 

If a debt is subject to a CCJ, it creates a new debt in law and one that is not subject to the Limitations Acts. If it has not been enforced for more than 6 years, the creditor will have to justify taking it back to court for enforcement.

 

If your debt is not the CCJ one then the following applies (from Bankfodder's post).

A letter stating that the debt is statute barred, that you have no intention to pay against a statute barred debt and a request that they cease all communication (except to confirm your demands) is appropriate.

 

Following Silverfoxes logic that they probably don't know about a CCJ, I would be tempted to send the letter anyway.

 

Thanks.

How can I find out if this debt is the ccj one or not?

[DBY]

Is this valid?

 

See sec 24; http://www.legislation.gov.uk/ukpga/1980/58

 

If a creditor tried to enforce it your defence would be 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.

[BRIGADIER2JCS]

Is this valid?

 

See sec 24; http://www.legislation.gov.uk/ukpga/1980/58

 

If a creditor tried to enforce it your defence would be 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.

 

 

The LA 1980 is still valid.

 

 

For CCJs check Trust online, check all addresses.

Is this on your credit files?

[dx100uk]

if I were to do anything on this

 

i'd send the SB letter

 

its for them to prove [for whatever reason] it is not.

 

for now sit on your hands

 

I bet you'll get a discount letter son.

 

dx

[sequenci]

Is this valid?

 

See sec 24; http://www.legislation.gov.uk/ukpga/1980/58

 

If a creditor tried to enforce it your defence would be 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.

 

That's to do with fresh actions and not not the enforcement of existing judgments. That said, there is a large mass of case law that makes clear that allowing enforcement beyond six years is only allowed in very particular circumstances. In addition, leave of the court would be required if they were looking to consider bailiff action. All other forms of enforcement require a hearing where the argument of time can be raised at that point.

 

Follow what DX has written. The letter is a powerful tool as the burden of proof would shift to the other party.

[florish]

Please read these new rules on the enforcement of statute barred debts

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?426148-CONC-7.15-Statute-barred-debts

 

When did the SB rules change BankFodder? Does this also affect Scotland? I've got a DCA who contacts me every 2 or 3 years about a debt that I haven't paid of acknowledged for 7 years.

[sequenci]

In Scotland, the debt is 'extinguished' after 5 years - which means it no longer exists (it still does in England). A DCA shouldn't be contacting you at all.

[BRIGADIER2JCS]

When did the SB rules change BankFodder? Does this also affect Scotland? I've got a DCA who contacts me every 2 or 3 years about a debt that I haven't paid of acknowledged for 7 years.

Scotlands limitation period remains the same 5years no payments and or unequivocal written acknowledgment., and the debt is extinguished.

 

 

So no relevant contact i.e. issue of a court claim and the above end of story in Scotland.

[DBY]

The LA 1980 is still valid.

 

 

For CCJs check Trust online, check all addresses.

Is this on your credit files?

 

 

CCJ came off credit file in 2011.

[BRIGADIER2JCS]

CCJ came off credit file in 2011.

The Claim stopped the clock the day it was issued.

[DBY]

The Claim stopped the clock the day it was issued.

 

Sorry Brig, not sure what you mean?

[BRIGADIER2JCS]

Sorry Brig, not sure what you mean?

e.g. debt with no payment/acknowledgment or 2 years, so in Scotland SB in 3 years ( England 4 years) if no payment/acknowledgment, Creditor/DCA issues court claim year 3 the stat barred clock stops the day the claim is issued, will only start again if the claim does Not proceed to judgement.

[citizenB]

Please read these new rules on the enforcement of statute barred debts http://www.consumeractiongroup.co.uk/forum/showthread.php?426148-CONC-7.15-Statute-barred-debts

 

When did the SB rules change BankFodder? Does this also affect Scotland? I've got a DCA who contacts me every 2 or 3 years about a debt that I haven't paid of acknowledged for 7 years.

florish I agree that this could be ambiguous - although I have asked for clarification, I think what hte FCA are saying is that if the debt owner has not made any contact at all within the 6 year limitation period, then they cant suddenly pop up and say you owe us £XYZ. However, they can still continue to pursue if they have been in contact and the debtor has not advised they are not paying.

[DBY]

e.g. debt with no payment/acknowledgment or 2 years, so in Scotland SB in 3 years ( England 4 years) if no payment/acknowledgment, Creditor/DCA issues court claim year 3 the stat barred clock stops the day the claim is issued, will only start again if the claim does Not proceed to judgement.

 

Sorry Brig, still not following you here.

CCJ issued in 2005, nothing paid, infact never received any paperwork at the time, CCj came off credit file in 2011, never heard anything until now.

[BRIGADIER2JCS]

florish I agree that this could be ambiguous - although I have asked for clarification, I think what hte FCA are saying is that if the debt owner has not made any contact at all within the 6 year limitation period, then they cant suddenly pop up and say you owe us £XYZ. However, they can still continue to pursue if they have been in contact and the debtor has not advised they are not paying.

 

 

Hi CB this is a "Scottish Jurisdiction" debt as I understand it so the timescale is 5 years for SB, this one has a CCJ that was removed from CRA files 2011?? so statute barred status does not apply as the issue of the claim stopped the clock on the date of issue. The claim was successful so the "clock" does not restart.

 

 

The debt has not been extinguished because of the claim, it is however unlikely that a court in any jurisdiction would allow further action unless there was an over riding reason to do so.

 

 

So I believe technically the debt can be pursued.