Getting your money

[PeterCarruthers]

South African commercial law has a 'prescription' section whihc determines how long you can be held accountable for something - rather like the US statute of limitations. With regard to commercial debt, the period is 3 years from data of last activity - after which your defence would be the the debt has 'prescribed' and is uncollectable.

Of course, the debt collection profession delights in assuring the hapless, uninformed debtor that a small "goodwill" deposit is needed before a negotiation can start - and all that the deposit achieves is to reactivate the debt and land the debtor back in trouble.

A judgment extends the 3 year period to 30 years. It wold be good to establish what UK rules say.

[bwglaw]

Have done some checks and CCJ's are not statute-barred and cna be recovered anytime up to 6-years from the date of judgment. A Judgment Claimant can apply to the Court to enforce a CCJ that is more than 6 years old.

Under the Limitation Act 1980, here in the UK, when someone pays towards a debt or commuicates with the debtor the 6-year period re-starts

I have yet to meet a good Debt Collector. It is time for their profession to be regulated heavily

[PeterCarruthers]

Thank you.

Interesting how the different international jurisdictions have similar issues, but completely different interpretations of what to do to enforce them.

[kirk]

i hope iam in the correct posting. anyway here we go. its a big problem so any input would help. iam a sole trader working from home. i sold a car value around £4000. last oct. i had a guy. i wont call him a gentleman who answered the advert. he was working in a local complex but lived in hull. iam in sunderland. cut a long story short he asked if he could pay by instalments. some cash some cheque each month.. on the final payment by cheque . we agreed a pick up date. ( i previously made a contract up that we both signed saying that full title of the vehicle would not pass to him till final payment. i have the orig ) out of the blue claiming it was his birthday he asked to pick the car up a week early. yep you guessed it the last cheque for £1500 bounced. more cheques were sent they bounced. he stopped taking my calls. cut a long story short. i engaged a collection agency to recover the vehicle. they did. but he then took me to court under the totes act to recover the vehicle. i engaged a solicitor.. heres the crux. my solicitor obviously said i had a good case, BUT for some reason never entered a defence for me on the day or had a agent go to the court nore set up a video or telephone link to hull county court and the judgement went against me. costs have spirraled out of all proportion. he now claims he lost £6000 wages because he couldnt get to work !!!!! even though he had a company van ! his solicitors obviously see they can try and do this now the judgement has gone against me.. a hearing is set in fast track in hull . no date yet... help please !!! kirk

[bwglaw]

It is extremely difficult to advise on a public forum and in the absence of the full facts. It may be the case that the solicitor was negligent but this needs to be fully investigated. Given the amount of loss i.e. around £6000, you can complain to The Law Society if the solicitor was negligent.

If judgment has been entered, why is there a hearing in Hull? Is this to appeal? You may need to consider instructing new solicitors

Jonathan

[kirk]

as far as iam aware we have tried to get the case transfered to sunderland but hull say no ! . its on a fast track situation at the moment and its going for listing soon. he is claiming he has lost wages because he couldnt get to work,. as i reposesed the vehicle. and under the interfierance of the torts act it was illegal for me to reposses it. of course as i was not represented the contract and the bounced cheques etc were obviously not looked at ! i put this to my solicitor and asked why i was not represented by a agent or video or telephone confrencing and she said there was confusion !!!! over who was supposed to be representing me !!!

[bwglaw]

Where the claim is between two individuals it is normal for the case to be transferred to the Defendant's local Court.

It is difficult to assess whether the solicitor was in fact negligent. However the fact that the solicitor has admitted there was confusion who should be representing you may be evidence of this. It will depend if the solicitor was acting for you up to the notification of the hearing and whether you had instructed the solicitor to represent you.

The hearing appears to have been listed and it appears you still have an opportunity to put your case forward. You may need to consider instructing another lawyer if the current one is not giving your case sufficient attention.

I cannot see how a claim for interference of torts and a claim for £6000 in loss be upheld by the Court when the vehicle does appear to remian your property at all times and the ownership has not been assigned. You have a right to counterclaim against the other party for breach of contract and breach of bill of exchange (bounced cheque is a breach of a seperate contract and is prima facie evidence of obtaining goods by deception which is liable to criminal sanctions). In your counterclaim you need to state you wish to recover costs and other equitable relief.

Jonathan

[kirk]

it seems that the hull county court have the last say on transfer to my home court. i have put in an apeal twice to ask for this. and it seems that the county court judge has not even looked at the evidence of the bounced cheques. letters from dvla.etc. and the contract. i have the original . he has a copy. he has clearly changed the balance with tipex and re photo copied it. yes i know it sounds crazy that the judge hasnt even picked up on it. but it seems as i was not initialy represented the hull county court is not playing the game ! at all. iam honestly at my witts end. but thanks for the info i will follow it

[bwglaw]

This is an issue you need to raise with the solicitor who may have been incompetent and possibly negligent. You need to see what the solicitor has done so far and whether he/she has made a counterclaim. If evidence has been tampered with then this must be pointed out to the Court.

It might be a good idea to look for a new solicitor

[kirk]

thanks for the info. i feel you have explained to me more in some postings than my solicitor over the lasst few months. i am trying to make a last ditch effort to get the case heard in my local court. i have called hull and they advise i can just send a letter but i have sent one before with 2 doctors letters advising i cant travell and it fell obviously on deaf ears. i suffer from progresive arthritis and find it vewry hard to travell.. is there any tips you have etc ! to help the letter along ! cheers kirk