There was another good reason why your debt might be unenforceable – if the creditors cannot produce the CCA agreement when it comes to financial obligation.

I’d a numerous loans with moneyshop in 2011. My payment that is last was using them chasing for re re re payment onwards. In 2013 there records show i made some repayments with a business collection agencies company equidebt so that they took the account in the past my re re payments ceased once more end of 2012. They used a standard (precise date uknown i have expected because of this info yet to gotten to but thet verify has arrived down credit report as passed 6 years since used this). In 2016 i recommended on phone I happened to be liaising with action modification and will be in contact which i didnt. 2017 telephone call made by us to the business attempting to raise a issue under affordability remit they declined. No contact created using me because of the business after this between 2017 and 2019 financial obligation and default taken off my credit history as time passed. Then 2020 passed debt to CRS legal threatning me with legal action april. i’ve tried to challenge this over e-mail, june 20 perhaps perhaps not acknowledging debt but acknowledging previous loans asking for affordability claim to be looked at once more and requesting details of said financial obligation they state i owe. They will have refused my claim. Is this financial obligation statute banned? Ive worked very difficult to fulfill all my olds debts, with defaults. im worried about them applying a ccj whenever its been already back at my file and whenever dropped off they have been trying to use once again?

2017 telephone call made they refused by me to the company wanting to raise a complaint under affordability remit. They declined in the phone? did you have correspondence by e-mail together with them concerning this?

No e-mail and i cant recall they did if they sent a letter i dont think?

No i never made payments via step change .. final record of re re payment is 2013 via equidebt … ive challenged debt that is current threats citing statute barred .. their answer had been just that although the financial obligation is not any longer on credit report havong passed 6 year mark it’s still enforceable.. if you have question about 2017 affordability problem reseting clock .. am i best making an idea using the commercial collection agency business to settle . This will suggest its instead of my credit history ratger than risk a ccj that is new placed against me personally ..

Hi. Hope you are able to assist. We have put on the courts to create aside a CCJ ive recently noticed back at my credit report. It wasnt here in April 2020 however for some explanation it arrived in May 2020 dating back once again to 2017. The CCJ ended up being offered during the incorrect target. The claimant has accepted the CCJ had been served in the address that is incorrect consequently they’ll certainly be asking the courts to create it apart.

The payment that is last made ended up being Feb 2011. The CCJ according to my credit history had been placed on my file 2017 june. Centered on last re payment its over 6 yrs. They say a default was served by them notice Sept 2011. Nonetheless this too had been provided for the address that is wrong. I became perhaps maybe not residing at that address at that moment. I relocated down before 2010. So how do we stay with Statute banned and from when would they begin the right time limitation. Final re re payment date or date of standard notice issued/applied/sent to incorrect target?

The claimant is asking in my situation to signal a consent kind in that they consent to set aside the CCJ but are requesting money figure of 500. The full stability owed relating to them is 947.

Sara (Financial Obligation Camel) says

The easiest argument is the fact that 6 years begins through the standard notice. Which will imply that it had been perhaps not statute barred in June 2017 and won’t be statute barred if the CCJ is eliminated, since the clock prevents if the CCJ ended up being sent applications for. On that foundation you might settle (or produce a re payment arrangement) for as low as you could possibly get while you don’t would like them instantly beginning a fresh court instance.

But that only works closely with some kinds of debt – once again National Debtline can keep in touch with you about it.

Sarah Jones says

Many thanks a great deal for the response that is prompt on a week-end. The court at this point has required evidence that is further the claimant. Copy of initial agreement. Copy for the deed project from original creditor. A duplicate of this notice of project. The standard notice. a statement that is certified of between claiment and defendent. In the event that above just isn’t provided. The court stated they will strike it down without further purchase.

They cant enforce it or may back off if they dont have the original contract its possible.

We didnt appreciate this true point through the courts.

Any celebration by this purchase made without warning for them and / or for the courts very own movement may use within 1 week of their solution upon them, for your order become set aside or diverse.

We dont know very well what the above means. Do i have to make a move within seven days to get it put aside as area of the put aside procedure.

Can I await the courts to get the info from claimant and discover just just exactly what the court purchases following the date that is due. That is about 14 days.

The claimant has recently accepted its been offered at wrong target. They genuinely wish to set it aside and settle away from court.

Sara (Financial Obligation Camel) says

We don’t give advice on court instances, i will be maybe not a solicitor. And I also don’t understand the information on your case. I don’t understand if there is certainly what you want to do or it might be useful to do.

Please phone National Debtline on Monday. And/or post in the Legal Beagles board.

Hi Sara My son has gotten a letter/statement from Lowell’s regarding a vintage financial obligation he has not paid anything since Feb 2015 but on his credit file it gives default date as Aug 2016 that they have purchased. Our company is thinking about giving a CCA letter would this reset the clock? Your debt ended up being for Tesco financial loan they will have place the original agreement ref quantity from the page therefore would which means that they will have the CCA details?