debt from 1996

[labman]

Re: debt from 1996

Quite a handy thread from MSE re the Limitations Act:

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

[Nibbler]

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.

[ODC]

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

[FlamingParrot]

Re: debt from 1996

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:

[FlamingParrot]

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

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