Re: Debt - Dispute liability for debt where the creditor has not made contact for over six years.

In message <fs07dc$40l$5@xxxxxxxxxxxxxxx>, Mike <nomail@xxxxxxxxxx> writes
Mike_B wrote:

In message <fs05bp$40l$2@xxxxxxxxxxxxxxx>, Mike <nomail@xxxxxxxxxx>
writes

Having done some checking, the position is that it is a judgement and
was first registered in 96/97. The judgement was never paid, or even
acknowledged at any time. No correspondence has been received for at
least 8 and possibly 10 years. It is a nominal amount originally
claimed by a UK financial institution (eg: a bank).


This changes things somewhat. As the Limitations Act concerns itself
with limitations on taking legal action, it doesn't really apply once
legal action has already been taken and a judgement obtained.

The situation would now be covered by the Civil Procedure Rules which
tell us that if no enforcement has happened within 6 years of the
judgement then no enforcement can happen without the permission of the
court. The claimant would need to make an application for permission to
enforce and would need to show the good what good cause there is as to
the delay in enforcement. It is always possible that other attempts at
enforcement may have been made within those years but have failed for
one reason or another.

Apart from the initial notification, no other attempts have ever been
made to anyone's knowledge and the address of the 'debtor' has not
changed in over 15 years.

Jesus, even the old negative equity debts from mortgage repo's
following the late 80's crash were written off after 6 years by the
majority of 'considerate' banks and could only be collected up to 12
years by those who went by the rule of law.

So, how likely would it be for a.) www.thamescredit.co.uk/ T/A
"buchananclark + wells" to go back to court and b.) the court to rule
in their favour if they do?

The current feeling here is that they won't do anything and ignoring
the correspondence is the best option.


Thames Credit seem to specialise in buying up old written-off debts and giving collection one last attempt, so I would also assess the likelihood of them doing anything at all as being quite small and would personally ignore them.

--
Mike_B
.

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