This is the problem

[Deepie]

Re: This is the problem

What is statute barred debt?

Statute barred debt is debt which in certain circumstances becomes unenforceable in court. The piece of legislation which sets out these circumstances is the Limitations Act 1980. So when a creditor comes chasing you for an old debt you can use the following information to access whether or not your debt is time barred.
How long can a creditor chase a debt?

This is dependent on the type of debt you have. The most common form of debt which people ask about in our forum is unsecured debts eg credit cards, personal loans, store cards, catalogues, bank loans, finance company loans etc. The Limitations Act 1980 states that when the following conditions are met then the debt cannot be pursue through the courts.

The conditions are:-

• That the creditor has not taken court action against you, eg CCJ, AND
• You have not made any payments on the debt over the last 6 years,AND
• During the years, you haven't written to the creditor acknowledging that owe them money.

As you can see all three conditions must be met in order for the debt to be "time barred". So the answer to the above question is 6 years.

[Spent2much]

Re: This is the problem

Well done on deciding to send for your CCA paperwork. I think that is absolutely the right choice, as it opens up a whole new possibility for you while still keeping the others open. One you know where you stand, you will be in a much better position to make choices.

There was just one other thing I was wondering. As the amount being paid through the court on the alleged debt with the charging order is entirely disproportionate with the amounts being paid to all other creditors, is there not a possibility to apply for a redetermination?

This is not the largest debt (although it is second largest), yet the creditor is receiving monthly payments of £27.77 while the next highest is £3.89, and the others get tokens. If the Payplan payment has had to be reduced from £225 a month to £76 because of a reduction in income then there is clear evidence of a change in circumstances.

SH

We did wonder about this also, we were told that to apply for a redetermination on them would cost us and also would rattle the cages of fairfax and the threat of forced sale for their money.

Can i ask a question please ?

what happens if we end our dmp with payplan and just keep paying the charge and ccj , will the others try court action and also what does statute barred mean probably spelt it wrong lol.

[ScabHunter]

Re: This is the problem

Well done on deciding to send for your CCA paperwork. I think that is absolutely the right choice, as it opens up a whole new possibility for you while still keeping the others open. Once you know where you stand, you will be in a much better position to make choices.

There was just one other thing I was wondering. As the amount being paid through the court on the alleged debt with the charging order is entirely disproportionate with the amounts being paid to all other creditors, is there not a possibility to apply for a redetermination?

This is not the largest debt (although it is second largest), yet the creditor is receiving monthly payments of £27.77 while the next highest is £3.89, and the others get tokens. If the Payplan payment has had to be reduced from £225 a month to £76 because of a reduction in income then there is clear evidence of a change in circumstances.

SH

[Spent2much]

Re: This is the problem

Unless you could find somewhere to rent substantially cheaper I wouldn't even contemplate BR. Your husband is right that your home is your castle (and the felines home too!). I don't know how old/young you are but your house will gradually increase in value over the years and you will build up some capital. Why not wait until it's worth something a lot more because remember you can only sell it once

When you do your diary make it clear which of these debts belong to you, which belong in your husband's name, and which are joint. Is the Virgin one in your sole name because if it is then that Virgin charging order may mean diddly squat because they can't force a sale on a sole debt secured on property which is jointly owned Make them wait for their ill gotten gains. Fancy a DJ allowing them a CO for a £5k debt in the first place. Shame on him/her

Thanks so much, my husband is going to join when he comes home from work and is going create the diary,
My husband decided not to join as he is readind an following everything on here .
the charge from virgin is in my husbands name , there is only a few that are joint also but they are bank accounts and one is the black horse loan.
I will read throught the UE thread and go from there.

feeling positive now thanks a lot everyone

ps , since the charge went on the house over three years ago my husband hasn't recieved one single statement and it changed from evershods oops! mean eversheds to fairfax i think within a matter of months .Neither have sent a single statement .

[Never-In-Doubt]

Re: This is the problem

* just to clarify from an earlier comment that ive since removed

1. We're not experts nor do we offer advice
2. We most certainly aren't paid
3. We're not licenced to give advice
4. Our users share their own own life experiences and offer help & support based on their own experiences

Thanks

[PlanB]

Re: This is the problem

Mind you having made my anti-BR speech I should also say research more into the subject as FP says, because if all of the debts are in one name only it would mean that only one of you would choose to go BR and not both of you. Check out any negative impact on the house and the mortgage though if it's in joint names

My ex-husband went BR and dumped a load of debts (on me mostly but that's another story) and his new replacement wife carried on as if nothing had happenend. They now have a villa in Tuscany with a swimming pool and a tennis court - and that's just their second home

[PlanB]

Re: This is the problem

me and my husband have just been talking and Br is not the route he wants to take , he wants to fight these cretins (dca) and said his home is his castle and he aint giving it up

Unless you could find somewhere to rent substantially cheaper I wouldn't even contemplate BR. Your husband is right that your home is your castle (and the felines home too!). I don't know how old/young you are but your house will gradually increase in value over the years and you will build up some capital. Why not wait until it's worth something a lot more because remember you can only sell it once

When you do your diary make it clear which of these debts belong to you, which belong in your husband's name, and which are joint. Is the Virgin one in your sole name because if it is then that Virgin charging order may mean diddly squat because they can't force a sale on a sole debt secured on property which is jointly owned Make them wait for their ill gotten gains. Fancy a DJ allowing them a CO for a £5k debt in the first place. Shame on him/her

[Susie]

Re: This is the problem

One other thing to remember is that at first when you stop paying they will try to hassle you by phone and by letter which with the number of different debts that you have could be a bit daunting. Along with the templates for only communicating in writing Niddy has a free telephone number that you can give to creditors so they cannot hassle you at home or work.
The letters will be arriving at great speed for a while and will sound threatening but all you need to do is pop the contents on here and someone will either suggest a template to reply with or tell you to ignore it. If you look at the other diaries you will see that after a while the volume of letters decreases quite dramatically so stick with it and don't worry when at the start the postman has a sackload of post for you every day oh, and it may be worth you thinking about some files or folders to keep the letters in (if you are self employed I'm sure you need some for your business!!) so you can be very organised and have each OC kept in their own section and you can look and see how far you have got with them quickly and easily!
Good luck with your journey

[LooLoo]

Re: This is the problem

Hi

Just has a read through your thread - and I think you have already had a lot of support - that is what you will find the most helpful from this site all the support you will get - and to know that many of us have been in this situation - which is why we are here.

I have considered BR been in a DMP and finally followed the UE route (which is something I wish I had done a long time ago). With BR - it does not
necessarily mean you lose you home there are many options - but with BR there is so much so consider - and not something to be taken lightly.

It tried to do a DMP with Payplan and in my own experience they were useless so I ended up entering in my own self managed DMP - which some people find hard as obv you do still get hassled - and finally after lots of research i followed the UE route and again in my own experience i wish I had done a long time ago....... but hey ho you live and learn.

It is horrible getting letters and phone calls and hassled - but you will see we have all had that and it just makes you much stronger.

Also as you already know there are fun places around the forum to let off steam and chat and joke.

Good luck with your journey and just know we are here to support and help you.

LL

[Spent2much]

Re: This is the problem

Only in that they are more litigious than other DCAs.

When the new managament of Cabot took over, they issued court claims like confetti. Not everyone was affected, though. I have an ongoing case with them which has lasted since 2007, and they didn't issue papers to me.

I think that was largely because I had always made them perfectly aware of the shortcomings with the alleged debt (unenforceable agreement, non-compliant default, PPI added without my consent, etc.), and made it clear that I would defend any action vigorously.

Many of the claims which were issued were frivolous, and our preferred solicitor (who is on the Site Team here) dealt with some of them and sent them packing. There is a protected section of this forum where people facing court claims can get help in private, so even in that scenario you would be far from alone.

Capquest issue statutory demands in the same frivolous way, and as you own property it is something you will need to be especially wary of. However, if you are almost wanting to go bankrupt you have far less to worry about. You could even consider ignoring such a demand and seeing if they petitioned for your bankruptcy.

Usually, though, Crapquest use SDs purely as a frightening tactic, something which the OFT and the courts detest.

You can always apply for set aside if you don't want to go BR, but then you knew that already as you have already been through it with WC (Worst Crudit).

SH

me and my husband have just been talking and Br is not the route he wants to take , he wants to fight these cretins (dca) and said his home is his castle and he aint giving it up

[Spent2much]

Re: This is the problem

I'm still in th opinon that you should be chasing up about the Debts that have had CCJs awarded.

Mistakes can be made by all. Even a Judge and Jury!

And if the CCA was unenforcable then wouldnt the court of appeal be the place to get tthe CCJ removed (i know most likely 0% chance but still 2 wrongs don't make an enforceable CCA when it was incorrectly drawn up, No matter what judge in the country said it does)

Just my thoughts on that matter as i know i would pursue it till its in complete writing.

Your situation doesnt matter to any of us here ( i mean in why your in debt and how it got to the level its at) We all rather see that the correct advice goes to the right people at the right time. No judgement will ever be passed by any of us here. Its not our place to judge what happened in the past (not that we want to) but its more the present and future for you that matters to all of us

1 thing that you will find here is an open set of arms at all times.

Where we can help will all will and do so for the best for the members like yourself who have been led to believe that its all their fault. When it was never there fault but the greed of the Bankers that have led to the recession and the results of it, Job losses, repossessions and a higher amount of bankruptcies than the preceeding 10 years.

i know i've rambled but sometime things need saying and i felt that i needed to say them.

Thank you and you haven't rambled all you have said has given me hope and the though of BR now has changed , me and my husband just spoke about this and we are going to send of CCA's

[kilasuit]

Re: This is the problem

I'm still in th opinon that you should be chasing up about the Debts that have had CCJs awarded.

Mistakes can be made by all. Even a Judge and Jury!

And if the CCA was unenforcable then wouldnt the court of appeal be the place to get tthe CCJ removed (i know most likely 0% chance but still 2 wrongs don't make an enforceable CCA when it was incorrectly drawn up, No matter what judge in the country said it does)

Just my thoughts on that matter as i know i would pursue it till its in complete writing.

Your situation doesnt matter to any of us here ( i mean in why your in debt and how it got to the level its at) We all rather see that the correct advice goes to the right people at the right time. No judgement will ever be passed by any of us here. Its not our place to judge what happened in the past (not that we want to) but its more the present and future for you that matters to all of us here.

1 thing that you will find here is an open set of arms at all times.

Where we can help will all will and do so for the best for the members like yourself who have been led to believe that its all their fault. When it was never there fault but the greed of the Bankers that have led to the recession and the results of it, Job losses, repossessions and a higher amount of bankruptcies than the preceeding 10 years.

i know i've rambled but sometime things need saying and i felt that i needed to say them.

[ScabHunter]

Re: This is the problem

when you say capquest and cabot are dangerous , in what way please ?

Only in that they are more litigious than other DCAs.

When the new managament of Cabot took over, they issued court claims like confetti. Not everyone was affected, though. I have an ongoing case with them which has lasted since 2007, and they didn't issue papers to me.

I think that was largely because I had always made them perfectly aware of the shortcomings with the alleged debt (unenforceable agreement, non-compliant default, PPI added without my consent, etc.), and made it clear that I would defend any action vigorously.

Many of the claims which were issued were frivolous, and our preferred solicitor (who is on the Site Team here) dealt with some of them and sent them packing. There is a protected section of this forum where people facing court claims can get help in private, so even in that scenario you would be far from alone.

Capquest issue statutory demands in the same frivolous way, and as you own property it is something you will need to be especially wary of. However, if you are almost wanting to go bankrupt you have far less to worry about. You could even consider ignoring such a demand and seeing if they petitioned for your bankruptcy.

Usually, though, Crapquest use SDs purely as a frightening tactic, something which the OFT and the courts detest.

You can always apply for set aside if you don't want to go BR, but then you knew that already as you have already been through it with WC (Worst Crudit).

SH

[Pixie]

Re: This is the problem

I found Capquest easy to swat away....

EDIT: just thought - I'm not a home-owner

[Spent2much]

Re: This is the problem

That is exactly what we needed to know.

If I was in your position I would get 23 CCA requests sent off as soon as possible and get out of that useless DMP. That is 23 minus the ones which you have already sent. How many of those were there and what came back?

You say you would go BR tomorrow if you had the money, yet you are worried about more charges against the house? That is illogical, as in BR the house would be lost anyway.

When you are in a DMP such as Payplan, you have no protection against a creditor taking legal action. I have even seen cases where Payplan have asked for court papers to be sent to them, and then they have filed admissions!

Creditors are far less likely to go to court if they are in default of a ss.77-79 request, or if they know the case is going to be defended and the agreement is unenforceable.

I would read some of the UE threads which FP linked to earlier, before making any firm choices, but sending off those requests looks essential. How you make logical choices if you don't know what your situation is? Even in the worst case scenario, you would at least get a payment holiday which would make it easier for you to keep the mortgage payments up to date.

SH

EDIT – More crossed posts. Email the agreements you already have to Niddy so he can see whether or not they are enforceable. As for the others, the catalogues will almost certainly be unenforceable, Crap One is a very good bet, Lloyds and SCaM are most likely to sue if you don't get the CCA sent off, Moorcroft are useless, Crapbot and Crapquest are dangerous, the probability of unenforceability will depend on who the original creditors were. No point speculating. I would send the requests off

when you say capquest and cabot are dangerous , in what way please ?