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    • I am helping my niece on an overdraft debit originally with the Bank of Scotland that was bought by Intrum.  I would appreciate any help and advice. . . here is the story so far: The bank account was in my niece’s name that had an overdraft facility. My niece and her partner, at that time, run into some financial hardship caused her to default in account, March 2017. They agreed with bank to settle the outstanding some but removing the excessive charges. My niece’s partner claimed that he paid the agreed sum and the couple never heard any more from the bank on the issue until started to their claim. Unfortunately all the records of the settlement is with my noises x-partner. So we have not much to go on other than retrieve all the bank records on the account. Intrum bought the debit on 28/11/2018. Intrum filed to recover the debit with the Simple Procedure court in Glasgow in April 2020. I have send SAR letter to the Bank of Scotland but had no response from them yet, perhaps because of the current Pandemic situation. The court directed me to call the original loan holder to the Case Management discussion, by filling in some legal form, to answer to present their legitimacy of the debit.  I would be grateful if anyone could have help with your views on the best way to proceed.
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    • Hi  I wonder if anyone can assist. We purchased a proform treadmill from Sweatband.com approximately 3 months ago. It is a fairly large treadmill and we purchased with the intention of putting into our garage which has electrical wiring and my partner has a turbo trainer already in there (has been for years). Only when the treadmill got delivered did it the warranty documents advise against keeping it in the garage. No where on the website for Sweatband or the manufacturer's website does it recommend the treadmill is not kept in the garage. The sweatband website has a treadmill buyer's guide where it actually comments that people like to put treadmills in the garage but consider the head height. So it is only after you have purchased and taken delivery of the treadmill are you advised not to keep it in the garage.    We took delivery and set it up on a proper gym mat. We make sure to turn it off when not in use and to cover the treadmill when not in use. It has been working fine. I used on Friday night and then on Saturday morning when I went to switch on the electrics have stopped.    Sweatband are now redirecting us to the manufacturer who are saying we have the item in an unsuitable environment and this will void our warranty.  The item is so big we cannot physically lift it out of the garage and we do not have a room in the house big enough to store it.    Has anyone had any similar problems with treadmills in the garage and it affecting the warranty? We feel we have been mis-sold a product as it is only after you have taken delivery are you told you cannot store in the garage despite the seller's guide making reference to where to store your treadmill and making reference to the garage but failing to warn it is against advice to store it there. We would have never bought the treadmill if we knew it was unsuitable for the garage.    Also we made the transaction via paypal but using our credit card. Do we have any protection with our credit card or paypal? The cost was £1,500 so we do feel it should last longer than 3 months.   Any help or advice would be much appreciated.   Thanks  EM0149 
    • they weren't enforcement officer, they were a powerless DCA.   the point of only getting 2 days to raise £1500 (not £1800 the £300 repo fee is an unlawful penalty) is one we shall use. BUT!!!....... you can't call the kettle back , you've had more then 12mts to sort this out, you haven't, so the other points are pretty much irrelevant, it works both ways .   your reply has got to be very very carefully worded in most certainly wont be tonight nor tomorrow you should answer poss by friday, you rush back with a poor reply you play right into their games. don't!!  
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Backdoor CCJ for old CAp1 DEbt being chased by Capquest after 13 years


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Well after 13 years of no communication with any of my old creditors/ DMC's,  today I had a call from Capquest about a Capital One debt!!!

 

They said a CCJ was registered in 12/07.

 

I didnt acknowledge anything, I merely obtained a reference and postal address.

 

Section 2.4 of The Limitation Act states no action can be taken after 6 years. 

 

Am I correct and what's the best letter to send them?

 

Thanks

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sadly a CCJ 

1 stops the SB clock

2. is not part of the limitation act as its a court judgement.

 

however, failure to enforce a CCJ within 6yrs makes it very difficult for them do so and ofcourse would have to return to court the court via your objection would no doubt refuse them.

 

it's just some phone jocky trying their luck that you might be a mug and fund their xmas party drinks bill.

 

IMHO you need do nothing 

did you give them your current and correct address?

 

  • Thanks 1

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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Hi,

 

No, I did not, I made sure of this. 

 

I want to send them a letter (and advised them this on the phone) but not sure what to send them!!!

 

Thanks

 

I set up my own Ltd company in March 2019 and the registered address was always my accountant.

 

When I changed accountants in May this year I needed to give an address in Wales (I now live in Northern Ireland and it couldn't be used apparently), I changed it to my dads and obviously this is available through Companies House.

 

They have found his number this way I think, but I may be wrong lol.

 

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its an extremely stupid idea to go off radar 

thats why you got this CCJ

 

other than informing them of you correct address in WRITING 

there is nothing else you need to do or state.

 

i have never known an enforcement hearing to succeed on a CCJ outside of 6yrs that has to date not been already enforced BUT as the court wont know your address ...it might well succeed.

 

it is a very stupid idea to run away from debts.

 

 

 

 

 

 

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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  • dx100uk changed the title to Backdoor CCJ for old CAp1 DEbt being chased by Capquest after 13 years

The CCJ was issued in 12/07, the address was an ex-martial home that was empty.

 

I did not go off radar, my circumstances led to no fixed abode for a good 3 or 4 years.

 

There was no way I would of known the CCJ was issued.

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good

however i was reading your old thread 

Advice to move forward in life...... - Debt management and Debt self-help - Consumer Action Group

particularly post 8 

 

pers i'd  write simply informing them legally of your correct and current address.

ref their ref number xxxx

 

then you are bullet proof

 

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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nope said 3 times what to do and not.

 

should they try , the court will write first.

as long as the debt owner has your correct and current address.

 

but i've never heard of it for a ccj of that age.

 

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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Section 24 of the Limitation Act 1980 applies to CCJs being enforced after six years:

 

"24 Time limit for actions to enforce judgments.

(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."

 

https://www.legislation.gov.uk/ukpga/1980/58/section/24

 

However, if enforcement action is unable to be undertaken within those six years or enforcement action has been taken but was unsuccessful, leave from the court can be obtained to enforce after the six year limitation. It depends on what action has been taken to enforce the CCJ when the limitation period expires as to whether or not the court will grant leave. It's difficult to do but not impossible. Considering the limitation period for CCJ granted on 12/2007 expired on 12/2013, there is a 7 year gap from the end of the limitation period expiring. The creditor would need an extremely good reason why it has not been enforced before now such as you living in a country which does not have reciprocal enforcement agreements.

 

 

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Thank you. As an update, I did a Trust Online search which came up with nothing obviously. I then rang Nottingham County Court and they said that as its so old they can't even give me any details as they changed computer systems and they don't/can't get any details on the CCJ even if they wanted too.

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  • 4 weeks later...
On 06/12/2020 at 15:01, Will Goodfellow said:

Capquest doesn't have a hope in hell of enforcing the CCJ unless there are extreme mitigating circumstances. They are most likely trying their luck in you being worried enough by the letter to pay without question.

Hi Will,

 

Should I write to them asking them to stop calling quoting the fact that it is unenforceable?

 

I did send you a PM.

 

Thanks

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Please do not seek advice PM.......please read the Forums Rules and guidance.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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1 minute ago, Andyorch said:

Please do not seek advice PM.......please read the Forums Rules and guidance.

 

Andy

My apologies, I PM'd as I felt as if I was persecuted on some replies in this thread and didn't want to make matters worse.

 

Thanks 

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I'm sorry you felt that given there are only 3 users posting....please contact me if you have any further queries.

 

Andy

  • Thanks 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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