Showing results for tags 'statute'.
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Me & My Debts & Various CCA REquest
monkquito replied to monkquito's topic in Debt Collection Agencies
Hi, Can anyone help me out.. a month ago 1st Credit sent me a CCA (finally) for a debt which is now statue barred about two years ago. Now they are starting to chase me again for the debt. Any advice on how I should proceed? Many thanks in advance, M -
Hello, Can anyone help answer a few questions I have regarding a court claim? Name of the Claimant ? Arrow Global / Restons Date of issue 08th September 2016 Particulars of Claim: 1.The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant (s) and Marks and Spencer Financial Services PLC dated on or about Oct 05 2004 and assigned to the Claimant on Dec 19 2013. 2.PARTICULARS a/c xxxxxxxxxxxxxx DATE ITEM VALUE 07/06/2016 DEFAULT BALANCE 564 Post Refin Cr NIL TOTAL 564 I acknowledged the claim on MCOL 14th September with the intention to defend in full as I believe the debt is statute barred. I have not submitted my defence yet. Actions so far Court claim dated 08th Sept (recieved 12th Sept) Acknowleged claim 14th Sept CPR.31.14 to Restons on 15th Sept CCA to Arrow 16th Sept I believe the debt is statute barred ( last payment/contact over 10 years ago) so should I go ahead and submit my defence now on the grounds the debt is statute barred, or should I wait for paperwork re the CCA and CPR requests? Thank you for any help!
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Hi, in the middle of December 2015 I received I letter from Mortimer Clarke Solicitors chasing a debt with Cabot Financial, after searching this site I sent them a prove it letter, heard nothing .... received court papers between Christmas and New year. I submitted a defence saying that I had no knowledge of the debt and has asked the solicitor to provide evidence. Mortimer Clarke wrote to me in late January 2016 saying that they would put action on hold whilst they waited for their client to provide the evidence.Since then I have heard nothing, until last week (8 months later) when I recieved a letter from Mortimer Clarke with the enclosed copy of the CCA of a loan had taken out in 2009 and a statement of account dated March 2016. They have made an offer to reduce the amount owing by 40% and if I agree that it would be a Tomlin order but I have to respond within 14 days. I believe though that this debt is statute barred, the last full payment of this loan was July 2009, they kept trying to take payments and successfully managed to take a token £25 payment from my account on the 10th September 2009 (which I think, based on the statement they have sent, was a charge for writing a letter to me). Since then I have made no payments and not acknowledged the debt in any way. I need to respond back to Mortimer Clarke, can someone tell me if the debt is statute barred and what the procedure would be for the ccj which is currently on hold Many thanks
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Hi there, Thanks for reading. I'm new to the forum, and hoping I may be able to find a little help with my current situation. I'm in a bit of a tangle!. Essentially I received an N1SDT CCJ claim form in the mail, too late to reply, and subsequently received a CCJ. I believe the debt to be statute barred, and intent to have it set aside if possible. I'm currently trying to claw my way out of long term unemployment by starting a small business (via the JSA/NEA scheme. I'm in the very early stages), so this is pretty awful timing. On the 18th of August I received a claim form dated 25th July. Obviously at that point it was too late to submit a seemingly simple defense, and the court ruled in favour of the claimant. I have received a 'Judgment for Claimant' notification, and correspondence from the claimant. The debt is from a capital one credit card dating back to August 2007, and was apparently 'assigned to the claimant' in Oct 2009 (this information is taken from the 'particulars of claim' section of the claim form that I received). I have no records of the debt, but have had no contact with anyone regarding the debt/account since the point were I stopped making payments (which I assume is 2007). I'm hoping that I can have this CCJ set aside, owing to the debt being statute barred. I'm currently claiming JSA, have no savings/additional income, live in my father's home, and I believe that I meet the requirements for a full remission of court fees, should I be able to go down that route. Though I'm not really sure how I go about doing that. Also I'm not entirely sure what kind of evidence I would have to supply. I have no records from the time, and assume I'll be needing them. Any advice with regards to my options at this point would be greatly appreciate. My understanding's pretty limited, and time is of the essence it seems. Thanks for any help.
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Today I have received three letters from the same DCA. Two letters are identical. They are asking me to get in touch about two very old debts with two different banks: last time I heard from Bank A was 2007 and the last time I heard from Bank B was Jan 2010 - and I have heard nothing since from either - and I have not made any payments or been in touch with either since those dates. I think, therefore, they are statute barred. Should I just ignore the DCA letters? Can they "default" me with the CRAs? -
I have been chased for a number of years by Lowell for a debt. They go through phases of really chasing, then I don't hear anything for a while. In May of this year, the debt became statute barred. It has now disappeared from my credit file and my credit rating has gone to good again. However.... Lowell have REALLY started chasing the last few weeks. I have had letters galore, I have had about 5 phone calls a day and a couple of texts, and now they have started sending letters, addressed to me, to my parents house. My question is what action should I take. I know the debt is SB, but I'm concerned by their sudden chasing. Do I need to worry? Should I ignore it all, or should I write to them? I'm concerned as to why they are sending the letters to my parents address rather than mine, are they trying to get a CCJ by deliberately sending to the incorrect address? Is writing to them to tell them a debt is Statute Barred not an admission of ownership? Thanks everyone!
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Hello, I have been following this intermittently since I joined last October 2015. http://www.consumeractiongroup.co.uk/forum/showthread.php?452513-Sallie-Mae-UK-loans-statute-barred-or-not-scotland&p=4934734#post4934734 I am sort of the same situation, though I moved from Scotland to England in 2012. I am not sure which year Capquest via Sallie Mae, are referring to, but I received nothing after 2007-2008 when the loan was started until 2015, from the annoying letters they started sending me that year. I also had something from Arrow, but I have answered nothing for either Capquest nor Arrow. I tried to contact Sallie Mae UK in 2009 I believe but got bounced emails and nothing except something from an address in Canada, which was dead upon my response. So, seeing as how I am now in England, it is 2016, and theoretically the loan would have been statue barred in 2012 whilst I was still in Scotland, what would the advice be from the forum? -
Hi. Robinson Way own an old account of mine that I have not made payments to since Feb 2010. I thought that it would now be Statute Barred I sent them the 'stat barred' template letter last week. I have a response from them today. 'After reviewing your account we write to confirm that this debt is not statute barred. The default date on you account was 19th March 2012 and therefore this is within the 6 year period.' Are they correct? I always thought that the 6 year period began from the first missed payment. Thanks. Paul. -
I am really grateful for this Forum. I am watching other people's reports with great interest so I thought I would share my own and see if I could garner some advice along the way. I am currently a Student with some Debts carried forward from a crisis past where I lost my home. I am pretty much on route to starting over. I never took the BR option but was hoping to wait out the clock ( didn't have any other options ) on some of the debts and deal with what I could. This is the second CCJ Claim and as far as I can make out it is over 6 Years since I have had any contact from the creditor. The particulars of the claim are as follows Debt Legally assigned from Tesco Personal Finance ( Ex Tesco Finance ) to Claimant Hoist Portfolio Holdings 2 Ltd who is being represented by Howard Cohen and Co in the county courticon Business Centre Credit Card Debt £3382.38 Interest pursuant to S69 of County Court Act 1984 £1621.96 Court Fee £410 Legal Rep Cost £100 I have followed the standard advice by sending a CPR request to Howard Cohen and Co and a CCA Requesticon to Hoist Portfolio Holdings. I have acknowledged the claim and submitted a holding defence. I am wondering how I will go about argueing that the debt is statute barred or should I wait for them to honour the requests I have made first. Any advice would be greatly appreciated. Thanks -
Hi, I received a claim form Northampton CC for an old MBNA debt. It was issued by Restons. I filed my defence stating the debt was Statute Barred as it was over 6 years since the last payment/contact. They however contest the last payment was inside the time, the state 2 payments were made inside the 6 years. However I have proof from Bank Statements and also my Credit Report that no payments were made as the account balance recorded by MBNA and sent to the CRA's was the same amount for this period (therefore no payments could have been made). Restons do not know I have this evidence as I only managed to dig it all out recently and I did not have time before submitting my defence within the timeframe allowed. The claim was stayed by the court but Restons have now sent an N244 form asking for the stay to be lifted, my defence to be struck out and Summary Judgement to be given. What do I do now? I was going to submit my evidence as and when the court asked for my Witness Statement. Please advise, thanks. -
Lowells & New Look store card - they say Not Statute Barred
nicole2403 posted a topic in Store Cards
Hi Guys, I received a chasing letter from Lowell for a debt I thought was SB they have replied saying it is not. I have been paying this through a DMC but stopped payments in 2012 (i checked my statements). Thing is I completely forgot about this and sent them a prove it letter. The debt is a store care debt and total £299.00 - They have said they have placed my account on hold when they request the contract from the creditor. What shall I do when they do reply? Thanks for your help -
This is a strange one, hope someone can help. I took advantage of an offer to switch current accounts for circa £100 in May 2009. I filled in the forms, my salary and debits moved across. The problem was that Santander did not agree to match my existing overdraft (£500) and didnt communicate that the overdraft had not been granted but moved my finances over anyway. So I quickly moved back to my previous account and requested that Santander close the new current account. I recall speaking to a manager on the phone, who agreed to close the account with no charges and in exchange they would not pay me the £100 switching fee. They admitted that they should have communicated better and did not make me aware that any adverse credit history would be reported. However, I have downloaded an equifax report to discover that it is still showing as late payments from May 2009 until it was settled in November 2010. Note, this doesn't show in my noodle report. I am thinking that as I have not used the account since May 2009 it would be SB and should be clear from my credit reports, is this correct? -
Hi All, Received so much help and support way back in 2005-2008 which turned my life around. Unfortunately a DCA (CABOT) has re-surfaced issuing a CCJ Claim chasing what I believe to be a Statute Barred debt for Vanquis they have bought. I will post all details in the relevant place and look forward to your much appreciated assistance. Regards -
So, I was an irresponsible student who racked up some defaults for a small amount of 2500 I am in a position to settle these debts now, but many of them are very close to being statute barred, my main query is, if I was to settle these debt, how long until I would expect to see an improvement in my credit file? -
Early last year my husband received a county court summons for £11,500 for a credit card debt sold on to a DCA. He replied and defended the action on the basis of the limited information on the summons and that he was awaiting a reply to the CCA letter sent to them on the day the summons was received. He never received a copy of the CCA, just a letter from them saying the debt was no longer enforceable and they could not proceed any further through the courts, but would he please call them to discuss a repayment plan. They also promised to forward the copy of the CCA. That was over a year ago and we are still haven’t received the CCA, but what he did not advise them was the debt would not really be statute barred until last October , three months after their letter. Move forward to now, and I have received a letter from the same DCA and they are chasing a debt for £8.250 for a card of mine. This will become statute barred in the middle of August when it will be 6 years since the last payment. I received a letter from them dated 6 April but not received until 12 April, saying if I did not contact them within 14 days they would commence legal action. My understanding of statute barred debts is they expire six years after the last payment or admission of the debt and the creditor has until this time to obtain judgement. Is this correct and can the DCA request to the courts an extension this period for the time it takes to transfer to a local court and to a hearing? The default for this will expire soon and I am l keen to keep as clean a record as possible after eight years of financial misery. I appreciate I am morally wrong but this DCA will have purchased the debt for peanuts, -
Hi all. I was discharged from Bankruptcy in 2011. ALL of my debts were included but there are a few companies flatly refusing to change my credit reporting entries and still reporting defaults on my outstanding balances. Also I voluntarilly surrendered my car at the same time over half way in agreement...but they also are still reporting a default on my credit. They surely cant be allowed to get away with this. My credit score is now worse than it was before my Bankruptcy. A lot worse.
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Hi, looking for a bit help if possible. I have received a County Court letter for a debt for an old Barclaycard which i cannot remember being in contact with for well over 10yrs, i'm wanting to put in a defense against it under the limitations act but not to sure as to what is the best thing to say, also not sure if i should send the claimant a letter stating the same facts. The County Court Letter is dated 27/01/2016 and i'm getting really stressed because i was told i only have 14 days to respond. Claimants are IDR Finance and the solicitors dealing with it are Kearns. Any guidance on this matter would be gratefully received , i'm just hoping i can do something about it. Thanks -
This doesn't affect me or anyone close to me personally, as all statute barred debts have been formally declared statute barred. However, I was just wondering what might happen to someone's estate, if it was the case that that they had a lot of statute barred debt and hadn't actually declared it as such? Would it make any difference? I do know that some companies tend to write off debt after a customer dies, regardless of whether it is statute barred or not, but there are no doubt always a few unscrupulous rogues about. Could they potentially claim that deceased debtors were still intending to pay their debts at the time of death? Furthermore, I get the impression that quite a few people don't bother going through the paperwork motions, after a debt becomes statute barred, so maybe this is something that could be more actively encouraged? Just some thoughts I had.
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Hi there, I have an old student loan from 1996-1999. I informed the SLC/Student Finance that the debt was statues barred three years ago and they left me alone. I started working for the NHS four months ago and today's payslip has a deduction for Student Loan repayment on it. I have never given permission for anyone to do this as I do not acknowledge the debt. Where do I stand? Many thanks, M
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I just wanted to share with you what I hope is good news. One of my sons was being pursued by Lowells for a debt that was nearly nine years old and for over £7000 .He had ignored the letters as he knew the debt was statute barred but was served with a county court summons. Using the advice given on this forum I put together a defence based on the fact the debt was statute barred . It continued through the court process up till the notice of allocation to small claims track. He then heard nothing as to whether they had paid a hearing fee for a date set later this month. Today he received a letter from Lowell's solicitor Bryan Carter serving him with a Notice of Discontinuance. I am still distrustful as to whether this is genuine but intend to visit the county court to verify this as I would hate to think this was a trick by the solicitors to stop my son attending the hearing and them getting judgement by default. I really hope that this is an end to it .
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Hi, and firstly thanks for the great wealth of information on his site. I have received 2 claim forms in the last few weeks out of the blue, its close to the dates for statute barred on both of them. Could someone please confirm they are both statute barred as I'm a nervous wreck about them. I have just been flicking through this forum looking for statute barred templates and noticed an explanation which made me question if I'm right or wrong. I have a claim form dated issue date 30th Nov, it is with Arrow global Limited for a credit card with Sainsburys taken out in 2004. I have acknowledged online that I am going to defend and am about to go through the statute barred defence. It is extremely close to the date for the six years to be up by just a week or so, im hoping! I have a letter from Sainsburys which shows the first payment I missed was on 24th November 2009 and the last payment being made one month before this on the 24th October 2009. I havent paid or acknowledged the debt since. Is this ok as statute barred? The second claim I have received is dated issue date 11th of December 2015. It is for an MBNA credit card taken out in 2003. The last payment made was 02/12/2009. After initially checking I was relieved as I read statute barred came into effect '6 years from the date of the last payment', I just noticed the explanation linked to the word statute barred on this forum says '6 years from the payment due date'. This could mean that both are within six years as its from the date they didn't receive a payment. I know its late in the day to check but please can someone confirm if they are definitely statute barred. I havent been moving house or anything like that. I initally CCA'd them before I put the accounts into dispute and ceased payments at the time in 2009. I have all my correspondences to and from with recorded delivery stamps from the time which back up the dates I have quoted. -
Hi, Hoping I can get some advice here about a conundrum I have. I have an old debt for a personal loan which will become SB at the end of february. Having heard nothing for years I suddenly received a notice of assignment from a DCA about three weeks ago. Then yesterday a request for me to contact them about payment. I feel sure that I can probably stall them until it is SB with some careful letter writing followed by a CCA request, but im a bit confused about the wording of the 1980 limitations act and various comments ive read on forums and advice sites. Will it stop the clock or restart the SB period if i communicate in writing with them eventhough I will not be admitting the debt? Ive scanned all the relevent threads on here and just dont seem to be able to find a definitive answer. I feel that I do need to take some action because if I ignore them they could easily have time to put in a claim before it becomes SB! If any one could give me some advice here I would greatly appreciate your time and advice on the best way forward!
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Lloyds Bank alleged I had a debt to them of about £1000. I always disputed the debt and Lloyds never took me to court. About two years ago the debt became statute barred Very shortly afterwards a company called 1st Credit, based in Redruth, started demanding I pay them the full debt. I reminded them the debt was statute barred and unenforceable. Ever since they've ignored me pestered me with phone calls and letters, all of which I've ignored. 1st Credit freely admit the debt is statute barred and unenforceable but they say they will persist in attempting to recover the debt. Can anyone tell me how to make them just give up and go away or perhaps I should continue to completely ignore them.
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First time posting. I want to thank this site and everyone on it! Beginning of August I received a notice from CCBC that Lowells (via BWLegal) were beginning court proceedings against me for ~£6500 (HFC Bank loan from mid 2007, defaulted 2008). Lowell bought the debt in 2012 and re-defaulted it! I had spoken to them shortly after explaining that I had tried to renegotiate my monthly repayments with HFC but they outright refused and ignored all letters I sent their way - loan was then defaulted June 2008. Lowells apparently ignored all this and just sent bailiff threats and endless phonecalls demanding payment in full. I ignored them. So this notice of court proceedings... obviously by August 2015 the debt was statute barred for over a year. I browsed these forums and found everything I needed to issue a full defence through mcol (deny claim/claim is statute barred). Sent my request to BWLegal for them to send copies of my of my credit agreement (never received). SAR sent to HFC for all account details (received 51 days later :/). Low and behold, Lowells had no legs to stand on and today I received a Notice of Discontinuance from BW . All I need to do now is see if I can get the default removed from my credit file! So again, big thanks to this site. Don't let them get you down! -Craig -
Hey this is my first thread but i've been following closely in the background for a long while. I'm not sure if this should go here or the scottish debt forum :/ Hbos have a default registered on my current account dating back to an alleged debt that was last acknowledged in October of 2009 by way of a transaction by myself. I had forgot all about this until recently when I checked my credit report on Noddle so in response knowing the age of the account I fired off the template provided on here for debts affected by scottish law. In response I received this back: I therefore raised a complaint to the Financial Ombudsman outlining the same complaint and informing them of the response and failure to comply with the relevant legislation/financial guidance. This was the response from the ombudsman: So rather than appealing via the ombudsman, following their failure to make a decision based on the actual complaint of hbos pursuing a statute barred debt I emailed a complaint to Antonio Horta-Osorio(CEO). To which I received the following reply: So I'm kinda lost and not sure where I go from here... any help would be appreciated.
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