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Judgment for claimant, can some help me please.

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  • #16
    Re: Judgment for claimant, can some help me please.

    Originally posted by Chris Wilde View Post
    Thank you, how old does a debt have to be before it written off? and will the original claim have all the details I need to defend my self?
    Its Statute Barred after 6yrs with no payment or acknowledgement of the debt in England (5yrs in Scotland) unless they bring a court claim before then (which restarts the clock ) ... SB = unenforceable
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

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    • #17
      Re: Judgment for claimant, can some help me please.

      Its not the age of a debt par se that's relevant. Its the amount of time since last acknowledgement of the debt - I.e. since last payment was made towards it. That is 6 years under the limitation act 1980
      Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

      By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

      If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

      I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

      The Governess; 6th March 2012 GRRRRRR

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      • #18
        Re: Judgment for claimant, can some help me please.

        Thanks for that, I remember paying one of the company's, well I was bullied into it, that was less than 6 years ago. then I got advice and was told not to pay any until you see the full name on the debt and were it was opened ie branch. Looks like I might be stuck even though it's not my debt.

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        • #19
          Re: Judgment for claimant, can some help me please.

          If it is not your debt then of course you shouldn't have a CCJ against you. I'm not sure if you are saying this actually is not your debt and it is a case of mistaken identity, someone with a similar name etc.... or if you have been told to say it isn't your debt until they can produce your full name ?

          Have you tried to discuss this with the claimant at all ? Or HSBC ? IF you bank with HSBC then regardless of whether an account has gone to collections they should be able to see if you ever had another account with them ? The date of birth on the account should be the minimum check they do.

          If you are certain this account is not yours then apply for the set aside and ask the claimant for proof that it is your account, while making a positive assertion that this is not your account and is a case of mistaken ID.

          Does this show up on your credit file at all (well it will now because of the CCJ )

          Actually if you have copies of the letters you sent to them about your full name that might help clear things up. Hopefully they said that it wasn't your account, and to evidence it was, and included requests for copy of the agreement and breakdown of the balance etc. Just want to be sure what the argument is before we decide whether to go into a set aside and defence.
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps
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          • #20
            Re: Judgment for claimant, can some help me please.

            It's not my account just my name or someone with the same name, I will see what i can find out from HSBC, I have loads of letters from the other collecting company's I will dig them out, I seem to remember that the account number changers on some of them. Will double check and get back. I think I will fight it regardless, it's not my debt never has been and never will be.

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            • #21
              Re: Judgment for claimant, can some help me please.

              Okay, good, was just double checking - in that case you should defend your bum off.
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

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              • #22
                Re: Judgment for claimant, can some help me please.

                did you pay towards a debt that was not yours?

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                • #23
                  Re: Judgment for claimant, can some help me please.

                  Yes I did start paying it, I have been ill and I got bullied by one of the company's. I should of just been stronger, but was going through some rough times.
                  • 1 thank

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                  • #24
                    Re: Judgment for claimant, can some help me please.

                    Sugar you need to take onboard the advice on here and try for set aside

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                    • #25
                      Re: Judgment for claimant, can some help me please.

                      Chris have you got two threads on the same debt running??

                      I was answering your questions earlier today.

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                      • #26
                        Re: Judgment for claimant, can some help me please.

                        Originally posted by nemesis45 View Post
                        Chris have you got two threads on the same debt running??

                        I was answering your questions earlier today.
                        Yes he did have. Think it been merged with this one or moved or sommat.
                        Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                        By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                        If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                        I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                        The Governess; 6th March 2012 GRRRRRR

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                        • #27
                          Re: Judgment for claimant, can some help me please.

                          Originally posted by teaboy2 View Post
                          Yes he did have. Think it been merged with this one or moved or sommat.
                          Thanks Teaboy I thought I was seeing double!!

                          nem
                          • 1 thank

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                          • #28
                            Re: Judgment for claimant, can some help me please.

                            Lol i thought the same when i came across the thread which you had advised him in earlier too.
                            Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                            By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                            If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                            I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                            The Governess; 6th March 2012 GRRRRRR

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