Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Hi    another quick update   Just had my Mediation call and advised them that I do not have enough information from PRA to continue with the mediation.   The mediator relayed that  PRA confirmed they have sent me the agreement and statement and that PRA believe this is enough to determine that this is my debt.   PRA confirmed that they do not have the "default notice" but believe the information they provided is enough for the court   Now I will just wait for the court process to initiate and in the meantime i will continue to work on my statement   thanks    
    • Hi all,   just checked my credit report on Credit Karma, and I’ve had a search from ‘Lexusnexus’. do I need to be concerned? Since they are a data mining company from the states, is this the precursor to potential legal action?   H
    • Online part done. CCA and CPR - send recorded?
    • Hi,   Thanks for your reply.   Firstly I asked several times for a refund closer to the time I enrolled on the course and was told I could not have one due to the center paying for the course upfront. I did make it very clear that I was struggling with the course, however due to the center not being open when I could attend that I would not be able to finish it, also that due a change in job role I would be unable to make days when the center was open. However given that the center advertised several times it would be open late and on a weekend this was not honoured several times and yes I have a detailed log of this.    The entire cost of the course was over £3700 - I can get back to you with the exact amount once I am home as I have kept the recites   There was also an incident with the Sage course due to it having to be studied within the classroom - when I was able to get into the venue the package was not working and also the obvious reason for the center being closed.   The course was conducted via mixed methods, however when trying to complete the training online their system was not working, so could not be accessed whilst I was trying to study at home. I did phone the center about this at the time, however this was not remedied.   Thanks
    • First of all you should understand that this is going to be difficult – partly because you have left it so long, partly because of their franchise system it is very difficult to pin them down and finally because you have already said yourself that some of the reason for not completing the course is because of your own mental/emotional state. Your poor health at the time was very unfortunate – and I'm very sorry about that – but that is not something that you will be able to rely upon if you attempt to recover any money. In fact it would be in your best interests not to refer to this. Have you already brought this up with them? Could you please tell us how much the entire course cost. Also, you will need to give a fairly detailed chronology of the listed class times and the times that they were closed without giving you notice. We need to understand what impact these are notified closures had upon the total amount of allocated time. Was the course conducted mostly online or was it conducted with face-to-face contact at their classrooms?
  • Our picks

DBY

SB debt being chased by Moorcroft

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2010 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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?

Share this post


Link to post
Share on other sites

so whatever the CCJ was about - it gone?

 

whatever the debt was, its since been removed?

 

dx


..

Share this post


Link to post
Share on other sites

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 by Conniff
correct typo

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites
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.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites
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?

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites
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?


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:

Share this post


Link to post
Share on other sites

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


..

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites
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.


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:

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites
CCJ came off credit file in 2011.

The Claim stopped the clock the day it was issued.


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:

Share this post


Link to post
Share on other sites
The Claim stopped the clock the day it was issued.

 

Sorry Brig, not sure what you mean?

Share this post


Link to post
Share on other sites
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.


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:

Share this post


Link to post
Share on other sites
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.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

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

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites
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.


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:

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...