|
|
| Author |
Message |
| Groove |
This post is not being displayed .
|
Groove
World Chat Champion
Joined: 10 Feb 2005
Karma :  
|
 Posted: 16:35 - 23 May 2017  Post subject: Debt consolidated - ccj |
 |
|
I've posted this on a couple of debt advice forums but as yet no replies so sticking it out to the bcf armchair experts.
Tldr: 2 hsbc debts from 2009-2011 Where consolidated by themselves and sold on with a new account number. Being taken to court with new account number to obtain judgement/ccj. As I've not entered in to an agreement with the new account number do they have a case?
Long pasted version:
I've got a county court claim form through for a hsbc 'loan' from 2009.
Restons solicitors and arrow global are the claimants.
The account/accounts were defaulted early in 2011.
Last payment (made to a different collection agency) was early 2013.
Arrow bought the account in 2014.
Right, on the claim form the sort code matches up with a hsbc account I had. The account number does not.
I contacted restons and questioned the account number and all they had to say was that is the account number which was supplied to them and questioned (which felt like me making a statement) if I believed this account to not exist and if it was fraud. I answered that no I do not believe this account number is mine and I have not entered in to an agreement with this number.
I phoned arrow straight after and they confirmed the debt is for 2 desperate hsbc debt accounts (assuming a loan and overdraft although I am waiting for confirmation). The debt wad consolidated in to one and sold on.
Looking back through the little paperwork i have (most recent is 2013 as the rest have been filed in the bin) this new account number has not been mentioned. The agency the previous payments went to have client references but no hsbc account number. The client reference points to the oldest paperwork I have for a different collection agency where the original account number and sort code are stated.
Before I spotted the account number I did email restons asking for proof of the account via means of original signed agreement and proof of payments which was ignored. When I phoned them they said they have not go them but could.
So two questions - is the debt with this new account number in any way enforceable? I have not knowingly entered in to a new agreement after all.
What steps do I take and what do I respond with on the claim form?
____________________
|| Past: 1991 Kawasaki ZXR 250 ~ 2003 Honda CBR 600 F Sport ~ 2004 Kawasaki ZX6R B1H 636 ~ 1999 Yamaha R1 ~ 1999 Kawasaki ZX6R J ~ 2004 Kawasaki ZX6R B1H 636 ~ 1998 Honda VTR1000F Firestorm ~ K1 GSXR 600 Track bike ~ K6 GSXR 1000 ~ 2006 Speed Triple 1050 || Current: 2005 R1 https://www.adrucore.co.uk |
|
| Back to top |
    |
You must be logged in to rate posts |
|
 |
| J0Al1 |
This post is not being displayed .
|
J0Al1
World Chat Champion
Joined: 25 Nov 2006
Karma :  
|
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| Groove |
This post is not being displayed .
|
Groove
World Chat Champion
Joined: 10 Feb 2005
Karma :
|
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| Phoenix |
This post is not being displayed .
|
Phoenix
Twisted Firestarter
Joined: 01 Aug 2002
Karma : 
|
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| Andy_Pagin |
This post is not being displayed .
|
Andy_Pagin
World Chat Champion
Joined: 08 Nov 2010
Karma : 
|
Posted: 01:58 - 04 Jun 2017  Post subject: |
|
|
Give this lot a call, they're brilliant about sorting out debt management, and genuinely free. https://www.payplan.com/
____________________
They're coming to take me away, ho-ho, hee-hee, ha-haaa, hey-hey,
the men in white coats are coming to take me away.
Yamaha Vity -> YBR125 -> FZS600 Fazer -> FZ1-S Fazer |
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| Robby |
This post is not being displayed .
|
Robby
Dirty Old Man
Joined: 16 May 2002
Karma : 
|
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| - |
This post is not being displayed because the poster has bad karma. Unhide this post / all posts.
|
-
Super Spammer
Joined: 22 Oct 2013
Karma : 
|
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| Jewlio Rides Again LLB |
This post is not being displayed .
|
Jewlio Rides Again LLB
World Chat Champion
Joined: 06 Oct 2015
Karma :
|
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| Groove |
This post is not being displayed .
|
Groove
World Chat Champion
Joined: 10 Feb 2005
Karma :
|
Posted: 15:03 - 04 Jun 2017  Post subject: |
|
|
Meh, I've filed a defence. If it doesn't get anywhere I've not lost anything at this stage. If I get somewhere then great, if I don't I'll just stump up the £3k and not get a ccj anyway.
And mpd72, sometimes life's a cunt and you get made redundant a year after taking a loan and having a baby. Id rather have fed the mouths of my family than anything else at that point in time. Now it looks to have caught up I'll pay up, but when I wrote to and phoned the claimants for information regarding this debt and them not being able to prove anything at that time I might as well take a chance with nothing to lose.
____________________
|| Past: 1991 Kawasaki ZXR 250 ~ 2003 Honda CBR 600 F Sport ~ 2004 Kawasaki ZX6R B1H 636 ~ 1999 Yamaha R1 ~ 1999 Kawasaki ZX6R J ~ 2004 Kawasaki ZX6R B1H 636 ~ 1998 Honda VTR1000F Firestorm ~ K1 GSXR 600 Track bike ~ K6 GSXR 1000 ~ 2006 Speed Triple 1050 || Current: 2005 R1 https://www.adrucore.co.uk |
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| - |
This post is not being displayed because the poster has bad karma. Unhide this post / all posts.
|
-
Super Spammer
Joined: 22 Oct 2013
Karma :
|
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| iooi |
This post is not being displayed .
|
iooi
Super Spammer
Joined: 14 Jan 2007
Karma : 
|
| Posted: 16:45 - 05 Jun 2017 Post subject: Re: Debt consolidated - ccj |
|
|
| Groove wrote: |
The account/accounts were defaulted early in 2011.
|
When was the last time you spoke or paid them prior to this last contact?
| Quote: |
What is statute barred debt?
Statute barred debt refers to a debt that’s not enforceable because the time a creditor has to chase payment has passed. This is outlined under the Limitation Act 1980.
The act is not a way for people to avoid paying debts. If your debt is not statute barred there’s no way to use the Limitations Act to avoid paying it. But non-enforceable debts are sometimes pursued by debt collection companies when they shouldn’t be, so it helps to know where you stand.
How long can a creditor chase a debt for?
Under the Limitation Act 1980 a creditor has six years to chase most unsecured unpaid debts, or twelve years for some mortgage shortfalls. This ‘limitation period’ starts from the time of your last payment or acknowledgement of the debt, not the total length of time you’ve been making payments. If a court judgment (CCJ) has been registered against you before the limitation period has passed it can be enforced at any point. There is no limitations period for a CCJ.
For Scottish debts the rules are different as statute barred debts cease to exist (and creditors aren’t allowed to ask you for payment) after five years, unless the court has issued a Decree before the five year limitation period.
The Limitation Act doesn’t apply to debts owed to the Crown such as income tax. Because the act prevents court action, some debts such as benefits overpayments and Council Tax sometimes use different collection methods that don’t involve the court, which means the debt can be collected even after six years have passed.
When can the Limitations Act 1980 be used?
The act states that when ALL of the following conditions are met a debt cannot be enforced:
The creditor has not registered a County Court judgment (CCJ) against you
You (or with joint debts, you and the other person) have not made a payment in the last six or twelve years
You have not admitted the debt in writing in the last six or twelve years
What does ‘not enforceable’ actually mean?
If a debt is statute barred it isn’t ‘written off’ and it doesn’t disappear. If a debt is not enforceable it means that if a creditor tries to take you to court, you’ll be able to defend the case and you won’t get a CCJ. Creditors aren’t allowed to keep chasing a debt that is statute barred if they haven’t been in touch with you at all during the six year limitation period, but they can keep asking you for payments if they’ve been in regular contact. If you’ve changed address without telling the creditor or not opened the letters, this doesn’t mean that creditors haven’t tried to contact you.
Some creditors, such as the DWP (Department for Work and Pensions), have legal powers which allow them to take money from wages or benefits without going to court. They can still do this even if the limitation period has passed.
What to do if you think your debt is statute barred
The thing with a statute barred debt is that the burden of proof is with the creditor to prove you do have to pay it, not for you to prove you don’t. If a creditor has contacted you and you definitely know the debt is statute barred you should write to the creditor to tell them.
|
Linky
____________________
Just because my bike was A DIVVY, does not mean i am...... |
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| Groove |
This post is not being displayed .
|
Groove
World Chat Champion
Joined: 10 Feb 2005
Karma :
|
| Posted: 07:54 - 06 Jun 2017 Post subject: Re: Debt consolidated - ccj |
|
|
| iooi wrote: | | Groove wrote: |
The account/accounts were defaulted early in 2011.
|
When was the last time you spoke or paid them prior to this last contact?
| Quote: |
What is statute barred debt?
Statute barred debt refers to a debt that’s not enforceable because the time a creditor has to chase payment has passed. This is outlined under the Limitation Act 1980.
The act is not a way for people to avoid paying debts. If your debt is not statute barred there’s no way to use the Limitations Act to avoid paying it. But non-enforceable debts are sometimes pursued by debt collection companies when they shouldn’t be, so it helps to know where you stand.
How long can a creditor chase a debt for?
Under the Limitation Act 1980 a creditor has six years to chase most unsecured unpaid debts, or twelve years for some mortgage shortfalls. This ‘limitation period’ starts from the time of your last payment or acknowledgement of the debt, not the total length of time you’ve been making payments. If a court judgment (CCJ) has been registered against you before the limitation period has passed it can be enforced at any point. There is no limitations period for a CCJ.
For Scottish debts the rules are different as statute barred debts cease to exist (and creditors aren’t allowed to ask you for payment) after five years, unless the court has issued a Decree before the five year limitation period.
The Limitation Act doesn’t apply to debts owed to the Crown such as income tax. Because the act prevents court action, some debts such as benefits overpayments and Council Tax sometimes use different collection methods that don’t involve the court, which means the debt can be collected even after six years have passed.
When can the Limitations Act 1980 be used?
The act states that when ALL of the following conditions are met a debt cannot be enforced:
The creditor has not registered a County Court judgment (CCJ) against you
You (or with joint debts, you and the other person) have not made a payment in the last six or twelve years
You have not admitted the debt in writing in the last six or twelve years
What does ‘not enforceable’ actually mean?
If a debt is statute barred it isn’t ‘written off’ and it doesn’t disappear. If a debt is not enforceable it means that if a creditor tries to take you to court, you’ll be able to defend the case and you won’t get a CCJ. Creditors aren’t allowed to keep chasing a debt that is statute barred if they haven’t been in touch with you at all during the six year limitation period, but they can keep asking you for payments if they’ve been in regular contact. If you’ve changed address without telling the creditor or not opened the letters, this doesn’t mean that creditors haven’t tried to contact you.
Some creditors, such as the DWP (Department for Work and Pensions), have legal powers which allow them to take money from wages or benefits without going to court. They can still do this even if the limitation period has passed.
What to do if you think your debt is statute barred
The thing with a statute barred debt is that the burden of proof is with the creditor to prove you do have to pay it, not for you to prove you don’t. If a creditor has contacted you and you definitely know the debt is statute barred you should write to the creditor to tell them.
|
Linky |
Aye I thought they were possibly statute barred. I paid towards the debt with the correct account number to a previous collection company till 2013.
I've never paid towards the new account number as far as I know, which if it was created early 2011 then perhaps I have some grounds.
____________________
|| Past: 1991 Kawasaki ZXR 250 ~ 2003 Honda CBR 600 F Sport ~ 2004 Kawasaki ZX6R B1H 636 ~ 1999 Yamaha R1 ~ 1999 Kawasaki ZX6R J ~ 2004 Kawasaki ZX6R B1H 636 ~ 1998 Honda VTR1000F Firestorm ~ K1 GSXR 600 Track bike ~ K6 GSXR 1000 ~ 2006 Speed Triple 1050 || Current: 2005 R1 https://www.adrucore.co.uk |
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| iooi |
This post is not being displayed .
|
iooi
Super Spammer
Joined: 14 Jan 2007
Karma :
|
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| Groove |
This post is not being displayed .
|
Groove
World Chat Champion
Joined: 10 Feb 2005
Karma :
|
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| skatefreak |
This post is not being displayed .
|
skatefreak
World Chat Champion
Joined: 06 Feb 2010
Karma : 
|
|
| Back to top |
| |
You must be logged in to rate posts |
|
|
| Alpineandy |
This post is not being displayed .
|
Alpineandy
World Chat Champion
Joined: 18 Mar 2015
Karma :
|
|
| Back to top |
| |
You must be logged in to rate posts |
|
 |
Old Thread Alert!
The last post was made 6 years, 314 days ago. Instead of replying here, would creating a new thread be more useful? |
 |
|
|
Help & FAQs
Search BCF
Members
Groups
Events Calendar
.
rating
rating