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    • once a debt is sb'd nothing not even a judge can unbar it no harm in talking to BC at all. they are nothing to do with the claim they sold the debt in .........see NOA letter    
    • Here are the Particulars of Claim   Name of the Claimant ? Hoist Finance UK Holdings Limited   date of claim - 30th January 2020   Date  to acknowledge) = 17/02/2020   date to submit defence = 02/03/2020    Particulars of Claim   1. The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03   2. The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974.   3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given.   4.The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   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. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago   Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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DBY

SB debt being chased by Moorcroft

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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.

 

 

Oh right.. my apologies.. that will teach me to read the whole thread first wont it :(


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Just a daft question but does a CCj drop off the CF after 6 years or does it stay there. I thought they dont drop off unless u apply for it to


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Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

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no as wih defaults

 

they disappear on their 6th birthday paid or not.

 

dx


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

 

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ok thanks


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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All of my cc debts are due to be statute barred in October, or so I thought. Does the link that bankfodder gave mean, that as long as a creditor or their DCA keeps writing to you, that the debt will never be statute barred. Even though you dispute the debt?

 

Thanks

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no its doesn't

 

dx


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

 

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All of my cc debts are due to be statute barred in October, or so I thought. Does the link that bankfodder gave mean, that as long as a creditor or their DCA keeps writing to you, that the debt will never be statute barred. Even though you dispute the debt?

 

Thanks

dx is correct, DCAs sending demands for payment, begging letters has no effect, they are not "relevant" contact, relevant contact from the debtor is any payment or unequivocal written acknowledgment that the liability still stands.


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many thanks

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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.

 

Hi Brig,

 

No, this is an English CCJ, not Scottish.

As far as further action is concerned ive read a few horror stories of ICO's being issued for very old CCJ's (older than 6 years) and a court awarding it since a CCJ is not time barred. I'm not entirely sure what the process is for anyone taking this back to court but am concerned that a small debt can suddenly grow into a huge one (in the example I read!).

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it is extremely rare for any action on an old CCJ to be taken after 6yrs

 

esp if the debt has been sold on

 

dx


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

 

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it is extremely rare for any action on an old CCJ to be taken after 6yrs

 

esp if the debt has been sold on

 

dx

 

Perhaps - but there are examples right here in CAG!

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well there will be

we only hear bad news.

 

pers i'd not do anything.

 

you can worry and read as much as you like.

 

i'd be getting on with life

 

not worrying about some fleecing dca poss doing this or that.

 

dx


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

 

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Hi Brig,

 

No, this is an English CCJ, not Scottish.

As far as further action is concerned ive read a few horror stories of ICO's being issued for very old CCJ's (older than 6 years) and a court awarding it since a CCJ is not time barred. I'm not entirely sure what the process is for anyone taking this back to court but am concerned that a small debt can suddenly grow into a huge one (in the example I read!).

My apologies I believe a quest was asked re the Limitations Act in Scotland at the start of the thread.


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Bit of an update - I was actually in the process of moving house when the letter from Moors#"t was received - obviously I replied with the SB letter but then moved - heard nothing further - presumably I do nothing?

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are they aware of your new address

 

dx


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

 

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are they aware of your new address

 

dx

 

No. I haven't told them. Should I have?

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well they'll soon find you via your credit file

 

wait and see what happens then comeback here.


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

 

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well they'll soon find you via your credit file

 

wait and see what happens then comeback here.

 

Yep. I never thought I'm under any obligation to advise them what I'm doing with my life.

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