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CCJ issue

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  • #16
    Re: CCJ issue

    Originally posted by Streetwise View Post
    When did they stop adding charges to the account,was this September 2009 or October 2008.
    I am not fully aware of these facts sorry, i dont have any statements form then

    Comment


    • #17
      Re: CCJ issue

      Personally I'd get those dates sorted.
      For Clarification Statute Barred in England & Wales = 6 clear years with no payments or unequivocal written acknowledgment of the debt,
      any relevant contact i.e. a payment to the account, written acknowledgment, restarts the clock from zero, any court claim issued during the relevant 6 year period stops the clock.

      As this is an OD account the start of the SB clock will be the date the first Formal Demand for Payment was received by you (simplistically the default date) which will be some time after the Formal Demand.)
      What is the date of the Claim???
      So was the claim made within the relevant 6 year period.
      Set aside applications a considerable time after judgement may well fail.

      nem

      Comment


      • #18
        Re: CCJ issue

        Originally posted by nemesis45 View Post
        Personally I'd get those dates sorted.
        For Clarification Statute Barred in England & Wales = 6 clear years with no payments or unequivocal written acknowledgment of the debt,
        any relevant contact i.e. a payment to the account, written acknowledgment, restarts the clock from zero, any court claim issued during the relevant 6 year period stops the clock.

        As this is an OD account the start of the SB clock will be the date the first Formal Demand for Payment was received by you (simplistically the default date) which will be some time after the Formal Demand.)
        What is the date of the Claim???
        So was the claim made within the relevant 6 year period.
        Set aside applications a considerable time after judgement may well fail.

        nem
        the claim is nov 2014

        how would I get info as to when this formal demand was issued?

        so to clarify it starts from when they first demand the overdraft to be paid off, the default could have been some time after this if no payment was made

        Comment


        • #19
          Re: CCJ issue

          Yes correct, my advice phone YB quote account number and ask for the relevant dates.
          Last edited by nemesis45; 18th March 2015, 16:55:PM.

          Comment


          • #20
            Re: CCJ issue

            Originally posted by hellotoall View Post
            the claim is nov 2014

            how would I get info as to when this formal demand was issued?

            so to clarify it starts from when they first demand the overdraft to be paid off, the default could have been some time after this if no payment was made
            S.A.R. the Yorkshire bank costs £10.00.

            Comment


            • #21
              Re: CCJ issue

              Originally posted by nemesis45 View Post
              Yes correct, my advice phone LLoyd quote account number and ask for the relevant dates.

              LLoyd? just checking you mean yorkshire bank or if im missing something

              Comment


              • #22
                Re: CCJ issue

                Originally posted by hellotoall View Post
                LLoyd? just checking you mean yorkshire bank or if im missing something
                Yes he means the Yorkshire Bank,he's trying to help so many people.

                Comment


                • #23
                  Re: CCJ issue

                  Originally posted by Streetwise View Post
                  Yes he means the Yorkshire Bank,he's trying to help so many people.
                  last thing for now please, when they filled the CCJ they actually got some of the post code wrong although the address was correct (correct as in format, not correct address I lived at) does this play any part in the wrong address set aside argument

                  Comment


                  • #24
                    Re: CCJ issue

                    Sorry to say basic clerical errors wont affect anything.

                    nem

                    Comment

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                    SHORTCUTS


                    First Steps
                    Check dates
                    Income/Expenditure
                    Acknowledge Claim
                    CCA Request
                    CPR 31.14 Request
                    Subject Access Request Letter
                    Example Defence
                    Set Aside Application
                    Directions Questionnaire



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