Thanks dx. With regards to the one that's currently in a tomlin order (until January 2018). It's a northern rock loan. I paid most of 13k then when I couldn't pay it ended up with Marlin (who the tomlin order is with). Should I leave it be until the tomlin is settled?

Hi all, I had a load of credit cards loans that haven't been paid or acknowledge since Feb 2011, defaults were applied, the last being October 2011. So that's when the last of them fall off my credit report, later this year, although some already have. I'm thinking of putting in PPI claims, but don't want to see this as acknowledging the debt, thus restarting the 6 years for statute barred. I assume applying for PPI refund is considered acknowledging the debt? Most of them were sold off to Debt Collectors years ago so are no longer with the original Bank/CC company. I also have one which I entered into a Tomlim Order, I think with a DCA rather than the loan company. Could I claim on this? Just looking for advice on this really, should I wait until the all the defaults have fallen off my credit report? Thanks for any help.

Nothing from them or the court, defence was submitted on 3rd July. What happens now, will it just sit there forever waiting for them to do something? It comes off my CRA at the end of this month.

Another (non) update. Had nothing from Arrow or Drydens regarding my CCA/CPR requests and nothing in response to my SB defence, submitted 3rd July so a month ago. Guessing they are trying to check if it's actually SB'd, before they go with the default date is the cause of action blah blah...

Just a quick (non) update. Had nothing from Drydens or Arrow, other than a few weeks ago saying they are trying to get hold of requested items, CPR 31.14 and CCA and agreeing to extend the time by 2 weeks, nice of them seeing as I never asked for this. This was before I submitted my defence Nothing from court either. SB defence was submitted 3rd July, due on the 7th. I guess I just wait and see what happens. Funny how everything is a huge rush with strict dates, else you get default judgement, but they seem to be able to take as long as they like... Do they have a time limit from when I submitted my defense to actually do something. Think I read it's 14 days, but not sure where I got that from..

Thanks DX i'll submit it later.

Thanks Andy, just wondering if I am arguing against myself, they don't even know the SB defense is coming. Can you adjust a defence after it's submitted in response to anything they might say?

Thanks and, I meant July... Wuuld I pre-empt there response to the SB defence, like so: 1 The Claimant's claim was issued on 06/06/2017. 2.The date last payment made was the 28/02/2011 3.The Default Noticed was issued several months after the initial breach thus the cause of action delayed and the Limitations period prolonged to 6 years plus, which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run. 4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of The Limitation Act 1980. 5.If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant. 6.The Claimant's claim to be entitled to payment of £7.5K or any other sum, or relief of any kind is denied. Or just go with the standard SB defense?

Had letter from Drydens, they're trying to get hold of requested items and they agree to an extension of time by 2 weeks. Had nothing else concerning the CPR/CCA requests. The claim date was 6th June. I'm thinking I should just submit my SB defense before the cut off date which is around the 8th June? I'm sure they are going to come back with the defaulted date is the cause of action so it's not SB'd, this is a long shot, but is there anyway of checking a courts previous judgements. Just thought it would be an idea on how they're likley to go in these sort of cases...?

Funny not the word I would use ;-) Oh just one more point, I stopped payments on a number of different cards at exactly the same time, they all have different dates for the default (ranging from June 2011 to October 2011). So according to some peoples interpretation of the law they all become SB at different times? Surely that can't be right. I'll keep quiet for now, until (if) they reply to the CCA/CPR requests.

Nothing new to say but I've just been reading some other threads and read this: sb runs from last payment DATE NOTHING TO DO WITH dn DATE It refers to a loan, would this be different than a CC debt. Just getting a bit confused with different advice. I spoke to someone else about SB and they insist that the date runs from last payment (plus a month or so) or acknowledgement of debt and nothing to do with DN date, as above. Just seems a bit of confusing if these agencies are trying to change the law and judges go alone with them. So if, for any reason a DN was never applied to the account in question the debt would never become Statute Barred?

Just had a quick read up on this BMW Vs Hart case, which seems to be where the fuzziness of cause of action / default date comes from for SB. Seems the debt was hire purchase and not applicable to credit card debt?

Yes sorry, CPR / CCA.

Oh OK. Seems pointless having a SB rule and not applying it. Anyway I'll send the forms off later today, see where it goes from here.

Judge Lottery? I know in some cases the judge would be making a decision based on the evidence presented, but surely when it comes to SB it either is or isn't? I've looked at my old documents and sent them a letter on 21st Mar 2011, stating I could pay £1 per month as a gesture of goodwill until I was in a better financial position, this was ignored. So I didn't bother paying it.

Not being argumentative, but if I only just have enough time the system is a joke. I just opened the letter, what if I had been away for a few weeks? OK I'll get the CCA and 31.14 running. Thanks again for the help EDIT, was just thinking if I submit the defense without AOS, this would put them under some pressure. They should have, for want of a better expression, all their ducks in a row before issuing these BS claims. Do they have to adhere to the 2 weeks (without AOS as I would)..? EDIT sorry was too slow to edit this

March 2011, I also enclosed a cheque for £1 that was never cashed. Should I really be requesting CCA etc when I'm using SB as absolute defense? Already registered with MCOL, previous defenses, with help from this amazing site. Sorry edit, what I mean is, if I'm using SB defence, should I really be contesting whether the claim was (before SB) valid?

Hi all, Was just going to complete the defence myself as I didn't want to trouble you all with (what I believe is a pretty simple defence), but hopefully this can help others, who are in a similar situation. This morning (dated 6th June) received a claim form, details below: Name of the Claimant: Arrow Global (Drydens Solicitors) Date of issue – 6/6/17 What is the claim for – the reason they have issued the claim? 1. The claim is for the sum of CA £7.5K in respect of monies owing by the defendant on a credit agreement held ny the defendant with MBNA under account number **************** upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with. 3. The balance owed was assigned from MBNA to the claiment, and the defendant has been notified of the assignment by letter. Contact Drysdens Solicitors on ...... What is the value of the claim? CA 7.5K Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CC When did you enter into the original agreement before or after 2007? Before 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, after SB date had passed Did you receive a Default Notice from the original creditor? Not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Financial Difficulties What was the date of your last payment? End February 2011 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No offered £1 per month untilI was in a better financial position but was ignored so ignore them and their letters. I'm assuming this is a pretty simple statute barred defence, the last payment was Feb 2011, so first cause of action would have been end March 2011. Looking at my credit report it says in June 2011 payment was up to 5 months late.. (5BB), defaulted in August 2011. Is there any point me filling in the AOS for an extra 14 days, seems I'm just giving these leeches extra time. Just to be clear my defence will be: 1 The Claimant's claim was issued on 06/06/2017. 2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 3 The Claimant's claim to be entitled to payment of £7500 (approx) or any other sum, or relief of any kind is denied. Hope I've covered it all. Main question was do I really need to AOS to give them extra time? Thanks for all the help, both now and in the past. Just a quick note, it's odd they are not claiming interest. Not seen this before, just £410 court fee and £100 solicitors costs. Does that mean they've already paid £410 to issue the claim..?

Hi all, Sorry if this is in the wrong place. I have just checked my credit report and their are 2 entries for the same debt. One listed under credit cards with the original CC company and another listed under other accounts with the debt purchasers name. They both have the same amount owing and same account start date, but the debt purchser has the first default (and nothing else) listed almost 2 years after the CC company applied the default. Just wondering if this is something I should be worried about as the SB date is approaching.

I had this a few years back, they gave me a few spins for free on one of their new slots games. i won £300+, but before i could withdraw had to play through the money a number of times. I completed this by betting on red and black (I know, not the most original). Anyway after I had played through the required time. I logged back in the next day and my account had been suspended and the money removed. When I called them, I was told I had contravened their play through rules, which we hidden in the T&C's. I complained to the regulator, based in Guernsey and after looking into it they sided with the bookie, no surprise there...

Sorry to hear all this isbo, hopefully it will work out for you.

Thanks all, I'll be making a donation when i get paid, site deserves it but I'm strapped at the moment. Called the court on friday, when the hearing was due. Thought i better check in case the claiment 'forgot' to inform the court of the discontinuance, but they had. Just a quick question, does the discontinuance just mean the claim is now in limbo, seeing as no judgement either way was made? The claiment did state in their letter, we hope this concludes the matter. Conclude, to me, seems final..

Hi all, Some good news, I think. Had a letter from Howard Cohens that their client has informed them to discontinue county court proceedings, with a copy of the clients notice of discontinuance, which has also been sent to the court. I know this sounds stupid but do I have to do anything else, what happens next? Should I expect to hear something from the court, I assume i now don't need to turn up there? Thanks again for all your help, invaluable.

Hi All, So nothing received from the claiment, the court gave them until July13/14 to supply agreement, DN and statement of account. Not sure what i should be doing now. Do i contact the court? Do i still turn up on the day? There's no directions on the latest letter from court.

Thanks Andy, doesn't say anything about if they fail to provide. Just that they have to do so within 14 days from the date of service.