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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70527
Experience:  Over 5 years in practice
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Dear Sirs, I would be most grateful if you could answer my

Resolved Question:

Dear Sirs,
I would be most grateful if you could answer my dilema!
I had a ccj against me, which I was not aware of until proof of earnings was asked for.
I had the ccj set aside/stayed by the court until December this year.
It was for a debt I was unaware of from 2006.
The debt had been assigned to a company who bought the debt in 2013.
I have not admitted the debt to be mine, nor had any contact with the company until after the ccj had been granted.
However, the company who had assigned the debt have now produced a document with my signature on it dated 2006.
Since the court stayed the judgement, the assigned company have offered me to pay a reduced amount and offered a 'Tomlin Order'.
I need to know if I can write a statute barred letter and the whole debt be written off due to time limitations,
or if the debt bought by this company in 2013 would be enforceable?
Yours faithfully,
AB
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
They are not statute barred I'm afraid.
Time does not run from the date of the debt but the date of the last acknowledgement which would have been December this year when you set the CCJ aside.
I'm very sorry but this is very definitely enforceable.
Whether they will is another matter. Debt collection companies do tend to do no more than phone and write rather than sue and enforce.
I'm very sorry but the Limitation Act does not apply here.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you Jo.

I have got my dates wrong.

A notice of assignment of the debt was apparently sent to me in 2013 (I have only received a copy of this notice after the ccj was set aside and I filed my defence). It was assigned to them in 2008 and I never had any communication or acknowledgement of the debt being mine.

I attach a copy of the notice to set aside the ccj.

Please let me know if any of the information helps.

Kind regards,

Amanda

Attachment: 2015-08-18_103132_application_notice_to_set_aside.pdf

Expert:  Jo C. replied 2 years ago.
Not really.
The issue is the date of your acknowledgement of the debt which would be when you filed your defence.
Their assignment might well have been out of time but they had a CCJ then so limitation didn't apply.
Customer: replied 2 years ago.

I didn't acknowledge the debt to be mine.

Does that not make a difference?

Expert:  Jo C. replied 2 years ago.
Yes, you did if you filed a defence.
Acknowledgement just means any action that 'acknowledges' the debt. It doesn't mean you admitted to the debt.
It can be offering to pay, refusing to pay in writing, making a lesser offer, asking for time to pay.
Unless the defence specifically said that this debt was nothing to do with you at all that is acknowledgement.
And, in any event, time runs from the date of the setting aside because previously they had a CCJ.
Customer: replied 2 years ago.

Thank you.

Please see my defence attached

Attachment: 2015-08-18_113611_defence_letter_200515.pdf

Expert:  Jo C. replied 2 years ago.
time runs from the date of the setting aside because previously they had a CCJ.
Customer: replied 2 years ago.

Thank you.

I have always believed this to be fraudulent.

Do I just reply so to the claimant and if so do I send a copy to the court and would i need to file a particular application?

Expert:  Jo C. replied 2 years ago.
I thought that you had just received a debt collection letter rather than a court application?
I'm happy to continue with this but please leave feedback for my answers so far.