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 Are creditors able to recommence proceedings ?
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Sara.lp
Starting Member



2 Posts

Posted - 19 February 2011 :  20:40:11  Show Profile  Visit Sara.lp's Homepage  Reply with Quote
Hello - I had a bankruptcy petition against me dismissed because the creditors didn't attend the hearing and the debt was statute barred. However, the creditors have just written to me saying that unless we come to an agreement for repayment they are going to recommence proceedings against me - are they able to do this?

Niobe
Administrator



United Kingdom
4590 Posts

Posted - 19 February 2011 :  20:43:40  Show Profile  Reply with Quote
Hi and welcome.

Are these the same creditors for the same debts? If so and they were statute barred then they cannot pursue you for the debts.

Buckle your seat belt Dorothy, 'cos Kansas is going bye bye.

Jan
xx
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debtinfo
forum expert



2826 Posts

Posted - 19 February 2011 :  20:55:14  Show Profile  Reply with Quote
all things being equal no

but of course if they come up with new evidence that changes the status of the debt then possibly yes
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Niobe
Administrator



United Kingdom
4590 Posts

Posted - 19 February 2011 :  22:32:47  Show Profile  Reply with Quote
It will depend upon when the BR was I suppose.

Perhaps the OP can advise us.

Buckle your seat belt Dorothy, 'cos Kansas is going bye bye.

Jan
xx
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Sara.lp
Starting Member



2 Posts

Posted - 20 February 2011 :  09:46:04  Show Profile  Visit Sara.lp's Homepage  Reply with Quote
quote:
Originally posted by kallis3

It will depend upon when the BR was I suppose.
Perhaps the OP can advise us.
Buckle your seat belt Dorothy, 'cos Kansas is going bye bye.
Jan
xx



Thank you for your response. The last payment on the account was made in July 2004 but the default was registered in Nov 2004 so has since been removed from my credit file last November. However, when they were going through the process I emailed them and made them an offer in June 2010 which would have been one month before the end of the 6 years (I didn't know this this!) So, before the court date I was obviously nervous that this could start the clock ticking again but they didn't turn up. Now it's dismissed but unsure if they are able to recommence proceedings now?

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Niobe
Administrator



United Kingdom
4590 Posts

Posted - 20 February 2011 :  10:51:33  Show Profile  Reply with Quote
I've no idea on this - hopefully one of the experts can advise further.

Buckle your seat belt Dorothy, 'cos Kansas is going bye bye.

Jan
xx
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