Re: Aktiv Capital chasing an old debt, not sure if Statute Barred
Why do you find it so difficult to just say you were wrong?
A CCJ debt is not barred by statute simple as that.
D
Originally posted by teaboy2
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Am not refering to the CCJ being statued barred am saying the debt it self is. As you an i both know they will not likely get permission from the court to enforce, and we can easily get the CCJ set aside. Then what will the creditor/DCA do, as they then wouldn't be able to continue the original claim since its been over six years since last payment, and as the CCJ was setaside, and therefore for all intents and purposes never existed. If they did try to continue the original claim, then the simple defence would be what Davyb? Thats right statuted barred as last payment was made in 2003/4 therefore the debt became statuted barred according to the limitations act in 2009/10.
Off course it depends on OP not receiving the particulars of claims when the claim was issued prior to the CCJ being granted original by default judgement - But we both know they are not likely to get the courts permission to enforce the CCJ now in any case, so the status quo is no different to the status of being statuted barred as in either status they can not enforce. And if they in the unlikely event were to get permission to enforce the CCJ and the op informs us that they never received the particular of claims prior to the original CCJ being granted or never received an valid default notices etc, prior the claim being issued and did not defend or ignored the particulars of claim then we can look at getting the CCJ setaside.
So no Davyb i did not say the CCJ was barred by statuted but only that it can not be enforced and so the status of the debt is exactly the same as it would be if it was statued barred. And if they were to try and get permission to enforce, then we can easily apply for setaside, as i very much doubt they have a copy of the true signed credit agreement under section 61 given the amount of time that has passed. Which without it, they can not hope to prevent a setaside of the CCJ let alone win at any following court hearing, considering the debt is statuted barred and the CCJ deemed as never having existed if setaside is granted.
Try reading my whole post and look at the variables involved that explain my point as to why i discribed the debt as statued barred.
Off course it depends on OP not receiving the particulars of claims when the claim was issued prior to the CCJ being granted original by default judgement - But we both know they are not likely to get the courts permission to enforce the CCJ now in any case, so the status quo is no different to the status of being statuted barred as in either status they can not enforce. And if they in the unlikely event were to get permission to enforce the CCJ and the op informs us that they never received the particular of claims prior to the original CCJ being granted or never received an valid default notices etc, prior the claim being issued and did not defend or ignored the particulars of claim then we can look at getting the CCJ setaside.
So no Davyb i did not say the CCJ was barred by statuted but only that it can not be enforced and so the status of the debt is exactly the same as it would be if it was statued barred. And if they were to try and get permission to enforce, then we can easily apply for setaside, as i very much doubt they have a copy of the true signed credit agreement under section 61 given the amount of time that has passed. Which without it, they can not hope to prevent a setaside of the CCJ let alone win at any following court hearing, considering the debt is statuted barred and the CCJ deemed as never having existed if setaside is granted.
Try reading my whole post and look at the variables involved that explain my point as to why i discribed the debt as statued barred.
A CCJ debt is not barred by statute simple as that.
D
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