Stayed CCJ and Debt 6yrs Old

[Forum1988]

Hiya guys,

I've got a question that I can't seem to find anywhere on the forum so maybe you guys can help please?

I'm unemployed due to my partner becoming disabled 6yrs ago, in the time period she lost her sister to Cancer and she too has now got Cancer stage 2 and therefore we've had a hell of time financially.

Well there's a debt company that has started CCJ proceedings with their solicitors which I received courts papers for. I sent the papers back within the time period with my defense asking for more time so that i can issue a CCA and SAR request as I was sure this debt over 6yrs and Statue Barred. The courts wrote back and acknowledged my defense and said that they would contact the debt solicitors about my defense and that the debt company has 30 days to decide the next move or the claim would be "Stay" and therefore the debt company would have to request an uplift order of the stay to proceed. Within the documents I've received it clearly mentions that they authorized their solicitor to confirm they was happy to the Stay the CCJ

I received the documents and files requested from the debt company ( i think they sent everything not too sure thou) and although they have sent them passed the 30 day time period for doing so which is a breach of the data protection standards i believe, the documents showed my last payment was 6yrs ago on a statement, although here's the catch:

Q: They filed for a CCJ 4 days before the 6yrs was up which i presumed stopped the Statue Barr from happening?

Where do I stand with the CCJ claim I presume they can still proceed now since the CCJ was originally filed before the 6yrs was up, by doing so they have agreed to Stay the CCJ from within the documents I've received from them so my next question is,

Q: As I'm unemployed do I offer a token payment as I can't afford to pay a large monthly installment? If so would the old debt now reappear on my credit history as a outstanding debt and cause problems with my credit rating.. Obviously I don't want my credit rating to go back 6 yrs and ultimately do not wish for a CCJ as my credit was fine until ill health hit our family.


Any idea's what I can do guys?

[Amethyst]

Re: Stayed CCJ and Debt 6yrs Old

Hiya, Sorry for lateness of reply masredx

Yes the claim won't be statute barred as they got it in before it became stat barred.

How long ago was the claim stayed in the court ?

What is the debt - is it a credit card/loan or an overdraft debt ? Did you send a CCA request for the agreement ?

And have they applied to lift the stay and continue the case in court now ?

[Forum1988]

Re: Stayed CCJ and Debt 6yrs Old

Hiya,

The CCJ was stayed in Oct, the debt is for a CC that was taken out in 2008. I sent for a copy of the CCA wich they've sent showing only my signature is on the form and the company signature is missing does this offer any weight to having the application unenforceable?

Also I've noticed the DB Collectors have also charged an additional £800 of interest..

Finally I've been originally paying PPI on the debt, with the debt being over 6 yrs now is it claimable, does this render the debt unenforceable as the interest the DB collectors have been charging on includes the original PPI fees too.


No they haven't applied to uplift the stay as far as i am aware off

Thanks

Hiya, Sorry for lateness of reply masredx

Yes the claim won't be statute barred as they got it in before it became stat barred.

How long ago was the claim stayed in the court ?

What is the debt - is it a credit card/loan or an overdraft debt ? Did you send a CCA request for the agreement ?

And have they applied to lift the stay and continue the case in court now ?