STATUTE BARRED

[moelwyn]

Can anyone advise?

If a County court summons has been issued, and the date set for a hearing.

Can the case still become statute barred if the time limit i.e. 6 years occurs during the above procedure.

Or does the court action negate the statute?

[AndyOrch]

Negates....once that claim form is issued the Limitation clock stops...unless it was already Statute Barred before issuance.

If the claim is discontinued it re starts 

 

Thread moved to General Legal Issues Forum..please continue to post here to your thread.

 

Regards

Andy

[dx100uk]

issuance of claimform pauses the clock.

if they win its reset, if they lose and the claim is discontinued or dismissed ir resumes from when it paused

[moelwyn]

Thanks for the replies.

Can anyone tell me the difference between Deed of assignment and notice of assignment?

[dx100uk]

Use the search

 

Deed is the private doc that details the business 2 business sale of a debt.

 

NOA IS what you get telling you sale has happen

Tell us what's going on..no need for secret squirrel 

[moelwyn]

DCA started court proceedings on 2 issues, both roughly the same amount.

I asked for the necessary documents, etc. The first case was struck out because the DCA didn't pay the fee, the DCA also wrote and informed me that the debt was discontinued.

The second, with the same DCA, has continued, I presume they paid the fee. Small claims hearing in April.

The claim will be statute barred in a few days, but I notice the statute barred clock stops only if the party who legally owned the debt starts the court procedings, not necessarily the DCA.

I wondered if Deed was the same as notice of assignment and if the DCA have the legal right to the debt. i.e. are they the legal owners?

Hope this makes sense.

[dx100uk]

not sure where you are reading but its WRONG

stick with CAG.

 

 

[dx100uk]

https://www.consumeractiongroup.co.uk/topic/357877-you-have-received-a-claim-what-you-need-to-do-updated-jan-2019/

 

please complete the above

moved to active claims forum {FLI]

[moelwyn]

3 minutes ago, dx100uk said:

not sure where you are reading but its WRONG

stick with CAG.

 

 

Dont understand what you mean, could you clarify?

[dx100uk]

1 hour ago, moelwyn said:

The claim will be statute barred in a few days, but I notice the statute barred clock stops only if the party who legally owned the debt starts the court procedings, not necessarily the DCA.

garbage!!

[moelwyn]

Thanks for reply dx

Should I have a default notice and a notice of assignment from the original creditor?

The DCA has not supplied a copy of a default notice. They claim not to have one.

 

 

[dx100uk]

both can be fatal to their claim

get that link done please

[moelwyn]

Hi dx

I am just a bit wary of filing information on the internet just yet.

Would you help me out with a few answers first.

How do i know the debt has been legally assigned to the DCA without some sort of confirmation?

The DCA has given me a letter from themselves claiming ownership of the debt, but nothing from an original creditor to confirm.

They have also supplied statements which they allege are from the original creditor but there are no details of who the creditor is on these statements, just photocopied papers with figures on them.

[dx100uk]

stop playing secret squirrel

there are 1000's of claims here already.

not ONCE has this been ever to anything but the determent to a claim we have helped with.

 

[moelwyn]

I dont know what secret squirrel means.

I would prefer not to put the details on the WEB.

According to the DCAs all the template letters are "garbage"and yet using the "letters" I have stopped 2 CC actions and deterred 2 other DCAs.

This last case seems to be different and I am trying to determine why.

Could anyone answer the question I have asked above without preconditions?

Thanks to all

[Peterbard]

In order for a new company to be able to sue, a debt must be "absolutely assigned" to the new company. The procedure is contained in the Law of Property Act 1925.

In order for the assignment to be "absolute" a notice must be sent under section 136 to the debtor, if a notice is not sent the assignment can only be in equity, and the new company can only take action in partnership with the original creditor. A notice can be sent to the debtor by either party.

[moelwyn]

Thank you very much for your reply.

Does this mean that there would be a letter of assignment from the original creditor, and that the DCA would have to produce this letter?

I quote section 136 "Any absolute assignment under the hand of the assignor....of which express notice in writing has been given to the debtor..." - this appears to say that it must be the assignor who informs the debtor in writing - do I understand this correctly?

Many thanks.

[Peterbard]

Unfortunately, "under the hand of the assignor" does not mean sent by etc. just that the OC must have authorised the assignment.

As said either party can send the notice.

There is also requirement for notification to be sent under the CCA.

[moelwyn]

What documents in total do there have to be? 

There is no default notice, in fact they state that & have sent a computer screen printout saying this is what it would have looked like.

They have sent a bundle of statements purporting to be from the original creditor, but there is no indication of who they are from - no business name or address. 

There is a letter of assignment from the DCA.

There is a partly legible copy of a credit agreement that has the wrong phone number & occupation.

What else can we legally ask for? And what of the above documents counts in their favour?

Thanks!

[AndyOrch]

10 hours ago, dx100uk said:

https://www.consumeractiongroup.co.uk/topic/357877-you-have-received-a-claim-what-you-need-to-do-updated-jan-2019/

 

please complete the above

moved to active claims forum {FLI]

Difficult to advise or quantify your questions without the history of the debt and details of claim ...please complete the above link

[Peterbard]

I think you should follow DX and Andy here, the site has a tried and tested procedure for court procedures .

There is a discussion section where we can go into the questions individually.