court case and resetting SB clock

[seduraed]

If a court claim is issued against you and then becomes unenforceable does the SB clock still reset.

[mystery1]

Re: court case and resetting SB clock

If a court says it's unenforceable then you're not going to pay anyway.

M1

[seduraed]

Re: court case and resetting SB clock

I was actually thinking of unenforceability via section 78 and does the account stay on the credit record for another six years .

[nemesis45]

Re: court case and resetting SB clock

The SB clock Stops the day a claim is issued, if the claim fails or the debt is unen, it restarts.
It is likely the default will remain on CRA files for the balance of the 6 year period.

[mystery1]

Re: court case and resetting SB clock

I was actually thinking of unenforceability via section 78 and does the account stay on the credit record for another six years .

Had a feeling that was the case.

http://uk.practicallaw.com/0-500-0957#a1009300

M1

[seduraed]

Re: court case and resetting SB clock

I have an outstanding claim for an old hire purchase claim, but the claimant and the original creditor, have admitted that they do not have the credit agreement . Can I apply to have the claim struck out ? If so how. THanks.

[Amethyst]

Re: court case and resetting SB clock

You can. What's the current status of the claim ?

[seduraed]

Re: court case and resetting SB clock

I have had the claim , sent a section 78 request for a copy of the credit agreement. In return I have recei
ved a letter from the original creditor stating that they are unable to find the credit agreement and as such the agreement is unenforceable.

[Amethyst]

Re: court case and resetting SB clock

Have you submitted a defence to the claim ?

[seduraed]

Re: court case and resetting SB clock

Sorry I realised when I had posted that I had forgotten to say, the claim has been defended in full on the basis that there is no credit agreement .

[seduraed]

Re: court case and resetting SB clock

bump

[nemesis45]

Re: court case and resetting SB clock

Looks like you're all set.

[Amethyst]

Re: court case and resetting SB clock

I agree, it does sound like you are all set, no cca, no judgment - whats the status of the claim in the court system ? has it been stayed ?

[seduraed]

Re: court case and resetting SB clock

BUMP

[nemesis45]

Re: court case and resetting SB clock

As said you seem to be well on track,

nem