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CCJ about to be issued by TM Legal / Asset Collections - 7 year old debt

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  • CCJ about to be issued by TM Legal / Asset Collections - 7 year old debt

    Hi there,
    so i'm being chased by TM Legal Services for a 7 year old debt with Uncle Buck originally, this loan was taken out in 2013 and no repayment has ever been made on this, does the statuate of limitations mean i no longer have to pay this? i have correspondance with these guys talking about the debt in 2015, 2016 and 2017 but no more acknowledgement.

    TM Legal are threatening a CCJ against me for this now so any advice would be greatly appreciated!
    Tags: None

  • #2
    Originally posted by wilcouk View Post
    Hi there,
    so i'm being chased by TM Legal Services for a 7 year old debt with Uncle Buck originally, this loan was taken out in 2013 and no repayment has ever been made on this, does the statuate of limitations mean i no longer have to pay this? i have correspondance with these guys talking about the debt in 2015, 2016 and 2017 but no more acknowledgement.

    TM Legal are threatening a CCJ against me for this now so any advice would be greatly appreciated!
    Limitation is not straight forward, it depends on the facts of the case. If the loan was a short term loan say for 1 month, and at the end of that month the loan became due and payable in full, and you didnt pay, then that would in theory be the point where the limitation clock starts ticking.

    If, 6 years pass without an acknowledgement of the debt by you, then it may be argued that limitation has expired.

    If limitation expires, the debt cannot be collected but demands for payment can still be made. The Court cannot grant a CCJ once limitation has expired
    I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. 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 need to contact me please email me on Ptilley@wannops.com .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      Originally posted by pt2537 View Post

      Limitation is not straight forward, it depends on the facts of the case. If the loan was a short term loan say for 1 month, and at the end of that month the loan became due and payable in full, and you didnt pay, then that would in theory be the point where the limitation clock starts ticking.

      If, 6 years pass without an acknowledgement of the debt by you, then it may be argued that limitation has expired.

      If limitation expires, the debt cannot be collected but demands for payment can still be made. The Court cannot grant a CCJ once limitation has expired
      So going back in my emails, this seems to be the timeline of events

      i do however have email correspondance in 2016 talking about repayment of the debt, the definition of acknowledgment in writing apply to emails or snailmail?


      You made your first loan application on 16 April 2013, for an amount of 75.00, to be repaid on your next pay date. Your application went through a credit check performed by the credit reference agency Call Credit, which confirmed the monthly income you provided, of 1 916.00, was correct. You were also subject to a work verification check, to ensure you were employed as stated on your application. The results confirmed youd provided accurate employment information.Having met our lending criteria, your application was approved, and repaid in full on 18 May 2013, in the amount of 101.21, as per the loan agreement.

      You made your next loan application on 18 May 2013, for an amount of 100.00, to be repaid on your next pay date. You were also subject to a work verification check, to ensure you were employed as stated on your application. You reapplied using the existing customer section of our website, confirming in the process that your monthly financial information remained unchanged from your previous application.Having met our lending criteria, your application was approved, and repaid in full on 20 June 2013, in the amount of 134.95, as per the loan agreement.

      You made your final loan application on 20 June 2013, for an amount of 600.00, to be repaid on your next pay date. You were also subject to a work verification check, to ensure you were employed as stated on your application. You reapplied using the existing customer section of our website, confirming in the process that your monthly financial information remained unchanged from your previous application.Having assessed your affordability, we offered you a reduced amount of 500.00, which you accepted. Having met our lending criteria, your application was approved, due for repayment on 19 July 2013. Unfortunately, the payment declined and your account fell into arrears.

      On 16 July 2013, you contacted us and advised that you had entered into a debt management plan (DMP). We then requested the reference number or a copy of the letter of authority in order to place your account on hold.

      On 24 July 2013, we received correspondence from Think Debt. The financial statement they had provided contained a discrepancy in your wages, we then requested a copy of two of your most recent pay slips.

      Later on the same day, Think Debt contacted us and advised that you had admitted to providing false information at the time of application, in order to obtain the loan. We then queried the discrepancy in wages and advised that we would be unable to enter into an agreement until we had received copies of the pay slip.

      We spoke with you on 25 September 2013 and you advised that you were no longer involved with debt management. You advised that you were due to go to America to work and had no funds available to make payment. We then advised that collections activity would continue.

      We contacted you on 7 November 2013 and you advised that you now had two court fines and bailiff action was pending. You advised that you would be able to make minimum payments, we then requested updated income and expenditure information in order to implement a repayment arrangement. Unfortunately, the requested income and expenditure information was not received.

      On 21 November 2013, we contacted you and advised that we would need to implement a repayment arrangement in order to prevent your account being passed to a third party debt purchaser. We then provided you with an income and expenditure form via email.

      On 28 November 2013, you advised that you did not receive the income and expenditure form. We them resent the form to you via email. Later that day, you contacted us and completed an income and expenditure assessment, you advised that you could repay 50.00 per month. We then advised that we would be unable to implement the arrangement without a payment to support your commitment. You stated that you were unable to make payment until 20 December 2013. You advised that you would contact us on or around 20 December 2013 to make the payment and implement the arrangement.

      Unfortunately, we did not receive any repayments, and as a result, your account was passed to third party debt purchaser, MotorMile Finance in January 2014.
      *

      Comment


      • #4
        Originally posted by pt2537 View Post

        Limitation is not straight forward, it depends on the facts of the case. If the loan was a short term loan say for 1 month, and at the end of that month the loan became due and payable in full, and you didnt pay, then that would in theory be the point where the limitation clock starts ticking.

        If, 6 years pass without an acknowledgement of the debt by you, then it may be argued that limitation has expired.

        If limitation expires, the debt cannot be collected but demands for payment can still be made. The Court cannot grant a CCJ once limitation has expired
        An acknowledgement means you acknowledged the debt, depending on the wording depends on whether it would be considered an acknowledgement that trumped limitation

        Its very tricky to advise on the forum when we only have part of the story
        I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. 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 need to contact me please email me on Ptilley@wannops.com .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment

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