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shibbygem

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  1. I have no idea how to find this out as this account is so old, closed and was sold on. Also as above the only date I have for the default is*13/06/2008, but I'm sure I read somewhere that the default isn't the date the statue barred starts from, it would be from when the overdraft was called in, but I have no way of finding that out either. Thank you for the link, but I would really love it if I could have some help with my specific case as it's not quite the same. Also looking for answers for my questions. I have no idea if I should even try and fight it as what happens if I fight and then fail? Also do I need to contact the claimant to get any info from them? I am really lost and have no idea what I am doing.
  2. Hi, I've just been reading this forum for hours and although I have read a lot of things that are helpful, I'm still unsure on if this will all be relevant to my case. Hope I am posting this in the right place, etc Yesterday I received a claim form from NCC regarding an old overdraft. Here is the wording on the claim... "This claim is for the sum of 2366.15 in respect of monies due from the defendant under a regulated Credit Agreement pursuant to The Consumer Credit Act 1974. The debt was legally assigned to the Claimant and a notice of such was provided to the Defendant. The Defendant has failed to make contractual payments in accordance with the terms of the agreement. A Default notice has been served upon the Defendant pursuant to Section 87(1) of The Consumer Credit Act 1974 The Claimant claims the sum of 2366.15 which is inclusive on interest" So I know this debt was an old student overdraft from back in my stupid days. The company claiming the money is Lowell and I had no idea who this was so checked my Noddle account online and sure enough there is a debt to them from my old Halifax account so I presume this is the one they are claiming on, even though the claim letter doesn't actually say. Also, if they did send me a letter about them taking over then I don't remember reading it. So on my Noddle account it was last updated 17/06/2013 and the money was a good few hundred pound less which is my first confusion. I opened the account 26/07/2004 and it only states the date of default as being 13/06/2008. Now, I still actually have my old card even though I am pretty sure they wrote to me when they called in my overdraft and told me to destroy it. The end date is 10/07 and I have firstly moved house and been married since having this overdraft which was at least 4 years ago and I don't remember having used this account for a very long time. I am pretty sure it was called in over 6 years ago so I am wondering if this might be considered statute barred, but have no idea how to find out for sure and confused why the default wasn't until 2008. I would like to defend this claim or at least have a go as if it statute barred I don't want to be giving them money when I don't have to as I suspect they might just be trying one last ditch attempt to get something out of me. If it isn't though what would happen next? Would a judgement just be made straight away against me? Also do I have to go to court for all this or is it all just done by letters? I am very confused and a little scared and would really like some help and advice on this and what to do. I apologise if this reads a little confusing too and happy to clarify anything for you. Thank you
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