• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

debt from 1996

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Re: debt from 1996

    Quite a handy thread from MSE re the Limitations Act:

    http://forums.moneysavingexpert.com/....php?t=2606811

    Comment


    • #17
      Re: debt from 1996

      To quote an eminent text book on the matter:

      a limitation period will normally operate to bar a claim only if successfully raised by way of defence
      Incorrectly stating that a creditor cannot or should not bring such a claim may send some people down the wrong path when faced with a potential claim, so I don't consider it a pedantic point. More one of making things clear should anyone faced with this read the thread somewhere down the line.

      Comment


      • #18
        Re: debt from 1996

        OK I was not 100% correct but was giving my point of view. Personally I would report them to TS for breaching CPUTR and tell them (the DCA) why. Similarly if they threaten me with Balliffs (which do not actually exist in N.I.) or threaten me with an SD for an alleged debt under £750 then these IMHO would be breaches of CPUTR and reportable.
        CPUTR is a powerful piece of legislation which is underused by TS

        Comment


        • #19
          Re: debt from 1996

          Originally posted by Nibbler View Post
          Incorrectly stating that a creditor cannot or should not bring such a claim may send some people down the wrong path when faced with a potential claim, so I don't consider it a pedantic point. More one of making things clear should anyone faced with this read the thread somewhere down the line.
          I totally agree, there are many misconceptions surrounding the Limitations Act and it's best to be prepared rather than just assuming that they can't issue a claim, because they most certainly can! You don't need to provide a lot of information to issue a claim using the MCOL online service, so anyone can issue a claim, as long as they are willing to pay the fee: http://www.justice.gov.uk/courts/nor...sked-questions

          Consult the MCOL guidance to ensure your claim meets the necessary requirements before issuing. MCOL is an automated system and your claim will not be checked before issue.
          Just like anyone can issue a Statutory Demand, without even having to go through the court system, as it's just a document in a prescribed form you can download, fill in and serve, so a SD can also be issued for a SBd debt.

          In both cases, it's up to the debtor to defend the claim or have the SD set aside using the Statute of Limitations. We wouldn't want people to get too complacent and ignore court papers or a SD just because they know the debt must be SBd. There are still options if they do, but prevention is always better than cure. :thumb:

          Comment


          • #20
            Re: debt from 1996

            Originally posted by ODC View Post
            OK I was not 100% correct but was giving my point of view. Personally I would report them to TS for breaching CPUTR and tell them (the DCA) why. Similarly if they threaten me with Balliffs (which do not actually exist in N.I.) or threaten me with an SD for an alleged debt under £750 then these IMHO would be breaches of CPUTR and reportable.
            CPUTR is a powerful piece of legislation which is underused by TS
            There's another thread started a couple of days ago, by a poster who felt quite aggravated by M&S fancily named collections department who were jumping the gun and spelling out everything they *could* do *if* they went to court and won, :flypig::flypig::flypig: highly unlikely since this is unenforceable as per Santander v Mahyew, they also neglected to mention that, even with a CCJ, they would have to go back to the court to apply for any of those actions, none of which would apply when the debtor is unemployed (no attachment of earnings possible) and renting (no CO possible). As for bailiffs, they'd be wasting their time trying to recover a £10k alleged balance + costs! :flypig::flypig::flypig::flypig::flypig::flypig:

            We will also consider referring your account to the solicitor at M&S Bank, to start legal proceedings to recover the outstanding balance of this debt, including:

            A charging order against your property. Should you decide to sell or re-mortgage your property, our claim, together with costs and further interest from the courts (Judicial Interest) will have to be paid to us from your share of the property.

            An attachment of earnings. This may result in money being deducted directly from your wages to repay this debt. Your employer may become aware of the debt as a result.

            A Warrant of Execution. This is when a Court bailiff is given the authority to take goods belonging to you from your home. The cost of taking goods, storing and selling them at auction is deducted from the amount raised. The court then pays the sale proceeds towards repaying the judgement debt.
            http://www.legalbeagles.info/forums/...gal-Recoveries

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
            Working...
            X