I quote, I think this is clear enough

There is your answer....as Ford has posted which confirms what you are thinking. They cannot add interest.

Unless of course that post judgement interest was asked for and granted at the hearing. It should state that on your paperwork but if what you have posted is all you have then they can whistle.

Here's a tricky question then. If an account has been declared in default and an overdraft is being paid back and the bank then takes a payment out without telling the account holder for a different debt thereby increasing the amount of overdraft again....where would you stand with the statute barred rule if the last voluntary payment was after 6 years but the bank's offset was within the 6 year period.

Updating.....since I sent off the statute barred defence, the solicitors concerned have written to say they are discontinuing due to using the wrong claimant ...Arrow Global LLC instead of Arrow Global Ltd.........bit of face saving methinks. It got all the way to being transferred to a local court with the court giving them 10 days to file or it would be struck out.

Not to worry, the Solicitors have been in contact and are discontinuing on the grounds that they used the wrong claimant.....haha...of course thats the reason. The Court also sent my brother a copy of a notice sent to the solicitors which gave them 5 days to reply or the claim would be struck out. Looks like they have lost but dont like to admit it. Thats another one put to bed.

Sailor Sam, I have received the confirmation letter from the DVLA accepting the SORN but when I checked on thier website, the status is now unlicenced. Ray Kay and Sailor Sam, I am told that ABP did want the vehicles removed after going around and seeing some that had been there a very long time. Mine had been there for 4 weeks.

Thanks RayKay and Sailor Sam. To Clarify, the car park is fenced off from the road but not gated, however, the Dock Estate is, as a new road layout was introduced last year and all entrances closed except one which now has a security gate and barrier in and out. I am waiting to see what the DVLA come back with but I was told that ABP, associated british ports gave the DVLA powere to treat the roads as public although I understand this was before the new gated layout. I have found all this out since the incident so as far as I was concerned, I made a genuine SORN but I still fail to see how a car park on a gated estate can be deemed a public road. I am going to need some good legally inclined minds soon methinks as I intend to dispute it if they try it on. just worried about the costs.

RayKay..they have removed a vehicle that I know was Sorned, I know the owner. He has had a letter telling him where it is impounded. Apparently, the only reason they didnt take mine was it was too big for the truck they had at the time. I declared sorn correctly, believing the car park was private for the reasons stated. DVLA have apparently cancelled this status as it looks like they are alleging use on a public road..ie...the car park.

What...nobody any ideas...? As a further update, I have had the vehicle towed to a definite off road storage area but after checking online, the DVLA have it down as unlicensed. I am assuming they will now hit me with a penelty for back tax which I intend to challenge on the issues raised in my first post...anyone have any thoughts on this. I should add, they accepted the SORN originally and I have the letter to show this.

Ooops...bad dayfor me...snappy. No worries irate feline,

I have a vehicle which I sorned at the beginning of this month. It is parked on a car park on a dock estate. The entrance to the estate states it is private land and there are barriers manned by security at the entrance. Cut to the chase, I have just had a phone call telling me that ABP have allowed the DVLA jurisdiction on the estate and they have started towing away untaxed vehicles. Mine is still there but apparantly will be removed tomorrow. This has got me worried as I believed that a private car park was not a public road and certainly not on an estate which is marked as private and secure. although the vehicle is in effect a scrapper, I left it there until I had time to remove some items before disposing of it. This car park is the one used by a dock pub which i frequent and a lot of us have had no problems over the years with similar activities. What is likely to be my position, will they attempt a fine...how can a car park become a public road without any visible warning. Its not the thought of losing my old vehicle thats annoying but the prospect of legal action when I have done what i thought was legal all along.

Who...me.....dont think so

The trouble is how do you exclude the DCA's. They can lurk under the guise of anyone they wish to be and how can we tell from a screen name who someone really is. The reality is that they have been around for a long while as i remember a poster a year or so ago having copies of posts produced at a CCJ hearing. I suppose by having a recogniseable entity such as the one currently posing as the Lowell helpline, it may deter some people from posting but from our side of the coin, as long as we keep identifying details to a minimum, ie, exact amounts, locations, creditors etc, we can still get the help we need to beat them.

Even if he does get it set aside, it doesnt mean it has gone away. You restart the process and if your case is watertight, you will again get judgement against him. A set aside does not mean struck out.

Ordinarily i wouldnt have bothered but since the claimants solicitor has returned the AQ without withdrawing the action, it has me thinking..

If you contest it and have it set aside, it just resets things and they could go after you again, possibly for the full amount. If you settle it, carter may try to go for the balance but will be unable to do so as you cannot split claims so in effect, you will have cleared the full debt for a small fraction of its value. Personally, I would let sleeping dogs lie at this stage as regardless of you settling the debt or not, it will still show up on your file, albeit as satisfied but to a lender, a CCJ is a CCJ.

Bump....anybody.....

Helped brother out with a claim for an old mobile debt which he says is stat barred after checking his bank statements. Sent off the acknowledgment and filed a stat barred defence for him. Got the AQ sent off and have now been notified that the AQ has been returned by the claimants solicitors and they must file a response to the defence. They mentioned in the POC they had bought the debt and also mentioned the agreement, assignment and default notice. I now want to make a CPR request but the template I have seen mentions needing the info to form a defence. Since a defence has been submitted, how would I word a request now as obviously, I want to see statements etc to verify the SB status. I would also like to make sure of a case should the worst scenario turn out to be not SB. Any pointers please. Thanks. BF

Update...AQ filed and then a letter for info arrived from the court stating that the claimant had failed to file thier AQ and had a further week at which point the claim would be struck out without further notice. I think they have given up...couple more days will tell. Still find it annoying that if the boot had been on the other foot, no extension would have been given and it would have been judgement by default.

Thanks for the assistance. I always find it sad when people who make a valuable contribution have to leave the forum for whatever reasons although I would imagine for the knowledgeable, the demands or expectations could be very high to the point of being unreasonable. Whatever your reasons, thanks for your help and good luck wherever you go. BF

vjohn82, he has checked bank statements and last payment made was towards the end of 2003 and I am assured there has been no further payments or contact since then. Regarding the AQ, is it worth putting in that an application under CPR is going to be made....although he is sure its SB'd, I would like to make sure of his case by having all info available to hand. Have to file it at court on monday so any pointers appreciated.

Given the timescale with the date for the return of the AQ, what would be a reasonable timeframe for a reply and as I have submitted a defence based solely on the debt being statute barred would proof of assignment muddy the waters. I am assuming you are thinking that if there is no valid assignment the claim falls at the first hurdle.

I filed a stat barred defence for my brother when he received court papers for a debt administered by Arrow Global. A Couple of days ago he received the allocation questionnaire which has until the 5th of July to be filed. Today a letter was received from the Court which states, It is ordered that, 1: Claimant in proceedings be amended from Arrow Global ltd to Arrow global LLC. 2:Re-Service of proceedings be dispensed with. 3: There be no order for costs. I am guessing that Arrow cocked up initially and this is to address that mistake. Where do I go from here. Having submitted the defence what do I put in the aq and is it worth me making a request under CPR to the Solicitors acting for Arrow. Thanks. ps...I posted the same question a few days ago in the DCA section but had no reply so if a mod sees this one, can they delete the original please to avoid duplication.

Anyone have any suggestions at all please...