Hello all - I have an unusual situation with a CCJ. We paid in full using our deposit as part of the payment. The landlord is claiming that the deposit isn't whole anymore but also said she made no deductions on the deposit. Based on the lease, since she did not make any deductions, the deposit is whole and the CCJ is completely satisfied. SHe is trying to get extra money from us now and the court has been difficult in terms of providing a certificate of cancellation. What can we do now? We have proof of all payments in full well in advance of 30 days. Not sure how to proceed. We requested a certificate and the last response said we would need to petition to court for a formal a What pplication but I don;t know what that means as we already sent in the formal application for cancellation. So confusing! What are we meant to do??

Hi all, not been on for some time now, but would like some advise from you wonderful people! Had a debt with First Direct/HSBC for £1700. £400 of this was for unfair charges which I had been in discussion with First Direct for over 3 years. Had gone very quiet for 2 years when in January of this year I received Notice of Assignment from Sigma Red/SPV. I notified them of my dispute with First Direct and they answered this with this claim form: http://i343.photobucket.com/albums/o473/pabrmu/SigmaPOC.png I contacted them to ask why only claiming £299.99 plus costs and they said it was to keep costs down. I then spoke to a learned associate of mine and he said that if this was him, he would pay the claim as he considered that they had shot themselves in the foot as they should be claiming the whole amount. He quoted case law Henderson vs Henderson of 1843 and this was still current law. This law states that it would be an abuse of process to make the same claim again after already starting litigation. I have no doubt that Sigma will claim that on their POC, it stated " part only of monies due", but the law states that all should be claimed. When I settled their recent claim by cheque, I enclosed a letter stating "Full and final settlement of their claim" and have not heard from them yet, except for them to state that they would now be demanding the balance of £1400. Any views would be much appreciated.

I understand that an unsecured debt is statute barred six years after the last payment so long as the creditor does not obtain a CCJ during that period, and so long as the debtor does not acknowledge the debt in writing during that time. Does anyone have any reference material on what acknowledging in writing might look like? Any past examples of cases with samples of what would and would not count as an acknowledgement? I don't want to post some letters I sent here for obvious reasons, but I did send change of address letters which refer to "the account" and so on. Would like to get a better idea of how these would be treated.

Has anyone come across a case where a claim was made against a company for a debt that is over 6 years old who acknowledged the debt in their accounts, and not by writing to the creditor? I'm referring to a post on another forum (Accounting Web): http://www.accountingweb.co.uk/anyanswers/question/client-not-paying?page=1#comment-653977 (Apologies to mods if this isn't allowed) You don't need to read the full thread - just this post. The person posting said (s)he doesn't remember the case name, and I tried searching this forum but I couldn't find anything. Many thanks.

Hi all, Just a quick question pls...I have received a number of letters by capQ regarding a default Lloyds placed in 2011...They were getting a wee bit scary so I sent capquest a letter stating i am disputing the debt because of the amount of charges Lloyds had put on... have I unwittingly acknowledged that the debt is mine? Have I shot myself in the foot?! If I have then i'm a fool, but i did feel frightened when they said they would be writing to the solicitors and ultimately taking me to court Pls help

Will the following statement class as an acknowledgment? Dear Sirs, I refer to your letter dated x. I do not know of any reason why i would owe the sum of xx to xx. Please can you provide more information. Not signed

Hello, I'm a bit unclear about the whole thing around what it is to acknowledge or not acknowledge a debt. Say one [ahem] has been paying a monthly amount towards a credit card debt for years, does that by extension automatically mean acknowledgement of the debt? Likewise if someone requests repayment of charges and interest (for credit card debts), is that automatically seen as acknowledging the debt? I'm wondering what then happens when a CCA request is made and the creditor (or DCA) does not deliver a true copy of the agreement, and then the debtor the decides to discontinue monthly payments until a true copy of the CCA is received. Does the whole thing of acknowledging or not acknowledging a debt come into play here or not? Maybe different factors are involved with original creditors versus DCAs who have bought the debts? I suppose the question boils down to: What constitutes acknowledgement of a debt and what are the implications/consequences of that? Obviously I'm not very clear on this topic so any clarification would be welcome!