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Thread: CCJ issued in 2014 - could have previously been statute barred. HELP please!

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  1. #1
    whynow's Avatar

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    Default CCJ issued in 2014 - could have previously been statute barred. HELP please!

    Hi

    Please bear with me with dates and details please. As this is to do with a 10 year old debt I cannot remember everything. FYI I am based in England.
    I took out a personal loan with the Halifax on the 22/03/2007. As far as I can remember I paid probably 6-12 months worth of payments before defaulting due to hardship at the time. I could be wrong about how many months I paid, but I think it may be around that. As this was 10 years ago, I had forgotten about the debt as I thought that it had been written off.

    This week I received a letter from Shoosmiths LLC informing me that they are acting on behalf of Arrow Global to recover the debt.
    They also informed me that I had a CCJ issued on the 06/11/2014 which I did not know about but have since confirmed that this is correct.
    As you can see there is 'possibly' the chance the original debt was statute barred but I do not have the information myself to find this out.

    I think my best action would be to find out the cause of action date as well as the date that the courts papers were issued.. Is this correct and if so who should I contact?

    Would the above be the best cause of action so if it is indeed statute barred I can get it set aside.

    I want to be careful as I do not want to admit a debt that I may not owe.

    If this isn't the best route what would be?

    I am not too concerned about my credit score, but I am concerned about them coming to my place and removing goods, such as my car etc.

    If it does turn out that I do owe this debt, I think I would prefer to pay it of in one go and try for a final settlement. As the debt is about £5000 what would I expect to end up paying? I could possibly raise £1500-£2000 if I could get it that low.

    Thank you

  2. #2
    whynow's Avatar

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    Default Re: CCJ issued in 2014 - could have previously been statute barred. HELP please!

    I have just found an old credit report of mine in an email, and it looks like I had taken out the loan on 18/09/2006. This was a credit report from 07/03/2007. I am starting to think that the 22/03/07 original agreement date Arrow mentioned in the first post could be the cause of action date. If that is indeed the date what exactly should I be requesting information wise from Shoosmiths?

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    whynow's Avatar

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    Default Re: CCJ issued in 2014 - could have previously been statute barred. HELP please!

    Can anyone help with this?

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    Diana M's Avatar

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    Default Re: CCJ issued in 2014 - could have previously been statute barred. HELP please!

    Were you living at the address where the claim form was served in 2014?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    whynow's Avatar

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    Default Re: CCJ issued in 2014 - could have previously been statute barred. HELP please!

    When I downloaded my CCJ report from the Registry Trust it does state my current address which I moved into on 04/05/2009. The debt was from my previous address.
    I do not remember anything coming through though otherwise I would have queried this before. I do travel a lot, and also live in a block of flats and we have had difficulties with the post before just being dumped on the doorstep. So it may have been delivered without my knowledge.
    Last edited by whynow; 17th September 2017 at 10:27:AM.

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    whynow's Avatar

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    Default Having difficulty finding out if a debt was statue barred before CCJ issued.

    Recently I was contacted by Shoosmiths LLC regarding a debt from a loan taken out with the Halifax bank in March 2007. I was issued with a CCJ against this on in November 2014,

    I contacted them with an information request asking for the cause of action date as I think there is a 50/50 chance that the debt was statue barred beforehand.

    I asked for the following information

    1. The cause of action date.
    2. The date the original agreement was signed.
    2. The date the last payment was made towards the debt.
    3. The date that the courts papers were issued.

    They responded with the following information.

    Date of agreement: 22nd March 2007
    Date of last payment: 11th November 2009 in the sum of £171.66
    Date of judgement: 6th November 2014

    I think that the date of last payment may be wrong, as few months before that I had moved to a new place, so there would not have been informed of the new address.
    Also on the 11th of November 2009 I was actually in Poland on holiday with friends.

    How do I go about getting proof of that last payment as well as the correct cause of action date. I am sure they are trying to palm me of with this date as the cause of action date.

    I do not have access to any of my bank accounts from those dates, so I am unable to verify anything my end.

    Also the figures would not work out if I had made payments for that long. The debt is for £5200 on a £4000 loan. This would mean that I paid the debt for two year so should have been more like half these amounts.

    The more I think about this the more I know I defaulted on this debt quite some time before that last payment date they mention which is 11th November 2009.

    Another question I have say I defaulted on the loan before the 6th November 2008 which would make it more than 6 years before the CCJ was issued, but I did make a payment to a debt agency after that, would the debt still be statue barred.

    I am sure this company is not providing me with enough information on purpose. To me something doesn't seem correct, so before I make a final settlement offer, I want to make sure it was not statue barred beforehand.


    Thanks in advance.

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    Debt Camel's Avatar

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    Default Re: Having difficulty finding out if a debt was statue barred before CCJ issued.

    Another question I have say I defaulted on the loan before the 6th November 2008 which would make it more than 6 years before the CCJ was issued, but I did make a payment to a debt agency after that, would the debt still be statue barred.
    it is the date of the last payment that matters. This may have been direct or through a debt management agency. Could this explain the payment when you were in Poland? When was your DMP running?

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    whynow's Avatar

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    Default Re: Having difficulty finding out if a debt was statue barred before CCJ issued.

    What is a DMP? Debt management plan?
    If so, as far as I am aware I do not remember having one. The last correspondence I recall with this debt was late in 2007 when I was living in Thailand. I am sure I have not had any dealings with this debt at my new address which I moved into in May 2009. I do apologise about the lack of some definitive answers, but I do not have access to a lot of information, hence why I am trying to piece it all together to make sure I do actually owe the debt.

    So now I know it is the date of the last payment and I think it is incorrect, how do I ask them for evidence of this?

  9. #9
    Diana M's Avatar

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    Default Re: CCJ issued in 2014 - could have previously been statute barred. HELP please!

    You've started another thread about the CCJ here > http://legalbeagles.info/forums/show...l=1#post755389

    Maybe @Kati can merge them to keep all the information in one place.

    From what I can tell you need help with a set-aside Application since the claim was served on an address you were not living at or you were living at but didn't receive it because it's a block of flats where the post is left in a communal hall and you travel abroad a lot.

    You say Shoosmiths have only contacted you recently despite the CCJ being from 2014. Are they talking of enforcement action such as a Warrant of Control (bailiffs) or an Attachment of Earnings etc?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  10. #10
    whynow's Avatar

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    Default Re: CCJ issued in 2014 - could have previously been statute barred. HELP please!

    Sorry about starting another thread, I did this as this was a different question.

    The CCJ is at my current address but I do not recall receiving anything here, that may have been to me travelling at the time of that we do sometimes have postman that just dump the mail in our communal area.

    They are not taking any enforcement action at this time, which is why I would like to sort this out before that happens.

    I am more trying to find confirmation that the information they have sent me is correct, and if it was not statute barred work out a full and final payment with them. If it was statute barred then proceed to get the CCJ removed.

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