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Buachaill, Barrister
Category: Law
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Experience:  Barrister 17 years experience
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Writing on behalf of my aunt. I received a letter on the

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Writing on behalf of my aunt.Hello,I received a letter on the 18th May 2016 from a company called Arrow Global regarding the transfer of my alleged account to another firm called Restons Solicitors.This letter is in reference to an account I allegedly had with a company called JD Williams - Mail Order which was taken out on 22nd May 1997, apparently this company passed my details to Arrow Global 6th October 2006. Arrows letter are alleging I owe a debt of £1397.91.On Wednesday 25th May 2016 I received another leter from Restons Solicitors explaining they have been passed my details from Arrow. They state that their client (Arrow) have obtained a CCJ against me and that I should act now. They are requesting I make affordable payment arrangements with them now.This is a concern of mine as I have NO recollection of ever having done business with JD Williams Mail Order and I have NEVER received any previous correspondence from them or Arrow Global regarding this matter. I am disgusted that nearly 20 years later I am receiving such correspondence.In 2006 I divorced my husband and my solicitor collated all of our debts that should be paid from the sale of our house. This is because without my knowledge my husband had been setting up accounts with companies in my name. I am not slightly confused about the right action to take.Do you advise that I write to Restons Solicitors asking for a breakdown of any items supposedly purchased from JD Williams Mail Order and then make my defence following that. My concern is that I am unable to pay this amount due to my minimal hours at work and being single. Secondly I do NOT recognise this debt and manage my finances well so this is confusing.Any help would be appreciated.Kind regards.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. The first thing you need to realise is that a debt is statute barred after six years of inactivity. So, if you did not pay any money towards the debt in six years, then the debt would be statute barred. Accordingly, if this CCJ was obtained without any proceedings being saved on you, then you should go back into court and have the judgment set aside on the basis you had a good defence of the Statute of limitations to any action on the debt. Essentially, what the creditor has sought to do here is to get a judgment, without notifying you of the proceedings, thereby not allowing you to plead the lapse of time as a defence to the debt. So, you should prevent them ignoring the rules of court in this way and instead get the CCJ set aside.

Expert:  Buachaill replied 1 year ago.

2. I would not advise you to write and seek a breakdown or any items supposedly purchased. Instead you shoudl seek to get the CCJ set aside. If nothing has happened since 2006, you will have a good defence of the Statute of Limitations.

Expert:  Buachaill replied 1 year ago.

3. Please rate the answer as unless you rate the answer your expert will receive no payment for answering your question.

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Customer: replied 1 year ago.
Many thanks for getting back to me, that's very useful.

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