Hi all. I got a letter from Moorcroft in April asking me to contact them urgently to discuss an overdue account; very few details given, date and amount was missing for eg, creditor was shown as Arrow Global. I contacted them by letter and informed them that I didn't acknowledge the debt and that my credit report was perfect, showing no late payments/defaults etc, so the debt would be statute barred in any case. They wrote back to say the account was on hold while they looked into it. I received a letter saying that they had heard from the creditor (who were no longer Arrow, but Vodafone) and that the debt wasn't statute barred because they had received a payment from me last year on Aug 5th.. Absolute rubbish! I've had a contract phone with o2 for the last 11 years, so even if the vodafone debt (for £100 odd) were mine, it had to be from well over a decade ago. I checked with my bank in case I had had a temporary lapse in memory/sanity and had made a lone payment. Of course, I hadn't, not to Arrow/Moorcroft or Vodafone, neither in August or the last 6/7 years we checked. I have printed off a letter, so could someone give it a read and let me know if it's any good please? I'm so unbelievably angry about this (irrationally so), and I'm racking my brains to try and remember whether I (stupidly) may have signed my last letter to them. I doubt it, but would you put it past them to try and lift my signature? Would I be able to prove that? here's what I want to send them. Thanks. Dear Sir/ Madam. I received a letter from you in April, requesting payment for a debt allegedly in my name. The creditor was Arrow Global (who I now understand are your sister company). I disputed the debt in writing, and as my credit report had no mention of it, declared that even if the debt were mine, it would clearly be statute barred. I received a response from you that the account was on hold and that you would respond within 30 days. I received your response, that you had spoken to the creditor who informed you that the debt was not statute barred because I had made a payment on the 5th August 2013. This is absolutely false, I would never make a payment for an account/debt that I did not acknowledge. I contacted Moorcroft (who said that the creditor wasn't in fact Arrow Global but Vodafone) to reinforce this and also informed you that I had checked with my bank, and NO payment to Moorcroft/Arrow Global/Vodafone had been paid, either in August 2013, nor as far back as 7 years earlier. After seeking legal advice following our telephone conversation earlier today, I am no longer just disputing this debt, I am now requesting proof of the debt and in particular, this payment. I suspect fraud has been committed and wish to be able to present any forged payments claiming to be from myself, to the police. If you are alleging that I paid by credit/debit card, I would like the account/card number and sort code; if by cheque, the account number and sort code, and if by postal order, the PO details. I know, with 100% certainty, that I have NEVER made a payment for this alleged debt, either to Moorcroft, Arrow Global or Vodafone. I am also sending a copy of this letter to the OFT to add to their files, as I feel strongly that you are ignoring my assertions that this debt, if mine, is clearly statute barred and continue to harass me for payment. I have never acknowledged this debt. A ''relevant acknowledgement'' as stated in the OFT Guidance 2003/2011 is made by ''(a) making a payment and or (b) An unequivocal acknowledgement in writing that the obligation still subsists''. If you are still insistent that this is my debt and do not have proof of payment to provide to me, then you should absolutely take me to court. Sincerely,

I am getting letters from Lowell about an alleged debt that is now well and truly statue barred - doesn't appear on my records and is well over 6 years old. The Lowell letter states at the bottom I object to them wasting paper on this nonsense, I do not acknowledge any debt and will never pay them a penny. Do I have any legal right to tell them to sod off and make them stop sending me these letters? ps: they are generously offering me a 75% discount on the 'debt'.

I received County Court papers a few weeks ago about a debt for Cabot Financial for £2.7k. The debt is years old, can't remember exactly, but certainly more than 6 years. The debt has been sold on many times in that period. I returned the forms disputing their claim and used the following as my defence: The alleged debt is barred by the Statute Of Limitations Act 1980 Limitation action 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” I have since had a reply from their Solicitors: The Court has served us with a copy of the Defence you filed whereby you dispute your liability to the Claimant on the basis that you believe the Claim is statute barred under Section 5 of the Limitation Act 1980. We note, however, that you have provided no information / evidence of when you believe the limitation period commenced, nor have you provided any details of when you believe you last made a payment towards the debt or when you last acknowledged your liability for the debt. If you are able to provide any evidence in support of your Defence e.g. a copy of the Default Notice served on you to show when the limitation period commenced / statements of account for the last 6 years to show no payments have been made towards this account etc., then please do so within the next 14 days. If however, you are unable to provide evidence in support of your Defence, we invite you to withdraw your Defence by completing the enclosed Form N9A and returning it to this office within the next 14 days. In the event that the Defence is not withdrawn or evidence is not provided in support of it, our instructions may be to make an application to strike out your Defence / for Summary Judgement and to seek an Order that you pay our Client's legal costs associated with that application on a contractual (indemnity) basis. I was under the impression that it was up to the claimant to prove the debt is not Statute barred and not me. I can see that they are trying to scare me into an admission and get me to withdraw my defence. My initial thoughts on receiving this was to do nothing and let them prove its not statute barred. I would appreciate any comments or guidance on my next move - if any Thanks

I'm in a bit of a quandary (to say the least). I believe a bailiff turned up today (20/04/15) with an N61 (order for production of statement of means) attached to an N56 (attachment of earnings). This is for Cabot Financial from Doncaster court for the amount of £1132.80. I had no idea what it was for so my husband rang Cabot this morning and asked who the debt belonged too and found out it belonged to Vanquish CC the original debt being £688. I have been made aware i only have 8 days in which to respond, but this is a CC that i took out in 05/2006, i cannot remember the last time i dealt with this debt as we have moved since then (03/08). I have also checked my credit file and they have just applied for a CCJ which was attached on the 22/01/2015. I don't know whether it's statute barred or not as i cant remember the last time i ever paid anything, can anyone advise on how i can find out about it, i don't want to be taken away to jail for a court hearing as that is what will happen if i don't respond, but i don't want to acknowledge the debt yet till i sort out the statute issue. I'm also worried that ringing Cabot this morning has set the clock ticking again

Afternoon Guys, I've been helping a colleague with trying to sort out her debts and creditors over the last couple of years and so far things have gone well. However, 2 days ago, she received a MCOL claim form from a debt from an old bank account not used since 2003. She has said that she has made no payments nor has acknowledged this debt since then so it's statute barred. I have trying to fill in the defence online and a struggling how to word it specifying section 5 of the limitations act. She has already sent a letter, which we got from the national debt line, via signed for, to the dca but just need to word it. Can anyone assist. I've spent the afternoon trawling through CAG and 'tinternet and can't find any examples. Boris Beaver

Theoldrouge…. Ever so slightly concerned you quote. If the lender or owner has been in regular contact with the customer during the limitation period, the firm may continue to attempt to recover the debt. Clearly they have contacted me on many occasions I just have never made any payment or formally acknowledged the debt?

Name of the Claimant ? Lowell Portfolio 1 Ltd Date of issue – 26th January 2015 What is the claim for – Personal Loan The claimants claim is for the sum of 7973.19 being monies due from the defendant to the claimant under a unsecured loan agreement regulated by the consumer credit Act 1974 between the defendant and Lloyds TSB Bank plc under account reference xxxxxxxx and assigned to the claimant on 30/06/2013 notice of which has been given to the defendant. The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the county courts act 1084 at a rate of 8.00% per annum (a daily rate) of 1.45 from the date of assignment of the agreement to 23/01/2015 being an amount of 830.85 What is the value of the claim? £7463.19 Is the claim for a current account (overdrafticon) or credit/loan account or mobile phone account? LOAN When did you enter into the original agreement before or after 2007? Before - November 2003 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. No by the assignee/debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Can't remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? Dispute over PPI What was the date of your last payment? March 2007 Was there a dispute with the original creditor that remains unresolved? yes Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No Just a quick history on this one, back in 2007 I had a loan with Lloyds TSB, I complained about the PPI and then ensured a huge battle with Lloyds over various accounts, cards, etc, etc It ended with me opening a new current account with the Natwest and moving all my DDs/standing orders there. Therefore I believe and I have statements to prove it, that the last DD payment on this loan was March 2007. Lloyds were supposed to refund £2900 worth of PPI back against the loan in question, therefore reducing the amount outstanding and shortening the term. By looking at the balance they didn't do this. In October 2013 Lloyds sold the account to Lowells, they sent me a letter informing me of the fact they were intending to make me bankrupt! I sent them a time statute barred letter, told them to back off and I received a reply saying the account had been put on hold whilst they investigated..... Yesterday I received a claim form from Northampton, I'd had a few letters from a company called BR Legal, now it appears they are taking me to court!!! I rang them, told them the account is time statute and they know that It would appear they are going off the default date which is 2009! I informed them this is incorrect and any judge would not be impressed should this land in their chamber! I've been told to send in my defence..... I'm furious Is there anyway I can stop this in it's tracks? Or will I have to go through the whole chore of defence, witness statements, etc, etc, I have bank statements saying the last payment thanks in advance

Evening all, After a good few years of having my head buried in the sand, I'm finally taking some action regarding old debts etc. I have discovered that I apparently owe HSBC £110, on an account that I stopped using in late 2008. The default is listed as March 18th 2009, and I know for certain I have had no contact with them in the interim with regards to paying the debt or even acknowledging it's mine. So will this debt now slip off my credit report and no longer be enforceable? I've not heard a bean about this debt in a good few years and to be fair, the account did not have an overdraft facility, so the £110 overdrawn is made up entirely of their own charges. It was by pure coincidence I signed up to noodle this months and found it lurking on there. Thanks everyone

I have noticed for the last few months, one debt appears twice on my credit report, with two companies - Nationwide and MKDP - both applying monthly defaults. A screenshot is attached. I am guessing that Nationwide sold the debt onto MKDP. However, if MKDP are listing a default date of 8 January 2009 (when it was sold on?), why would Nationwide then state a default date of 3 August 2009? Furthermore, if the debt is indeed owned by MKDP, then why does Nationwide continue to apply monthly defaults? Also, having read another thread on here regarding MKDP, is it likely that as of January 2009, MKDP did not actually hold a Consumer Credit Licence?

Hey Everyone! Really hope someone can help me! I'm currently 27 years old, between the ages of 18-21 I ran up a lot of debt and I have foolishly / stupidly buried my head in the sand ever since and not taken any action to sort the mess out. I had a gambling problem (that I have since fixed) and I ran up around £15k of debt through credit cards / loans / payday loans / catalogues / mobile phones etc). I fell into a spell of depression / anxiety and as such I currently only work part time on a low income which just about covers my expenditures. Up until recently I had had letters in the post relating to my debts but nothing more - no action as such. However last week I received my first CCJ. The CCJ is from Lowell relating to a Shop Direct account that I had in 2008. The date of the Shop Direct account from looking at my credit report is December 2008, I received the CCJ in January 2015 - I have not made any payments / written communication at all within the last 6 years. My query is could it possibly be statute barred? Whilst I am not looking for the easy way out - I am trying to figure out the best way to sort my debt out as a whole - if the debtor hasn't taken any action in the time limit specified and it is now not enforceable then that suits me fine. A few questions if I may: 1) Is the debt Statute Barred? 2) Is it right that if I defend the claim I will have to attend a court hearing? This worries me if I am honest. 3) Is it also right that I would have to pay a £155 fee to defend the case? This is something I read online and I would struggle to pay for this. 4) If the debt were potentially statute barred and I sent the two template letters off a nd acknowledged to the court that I intend to defend the debt and the debtor writes back and confirms that indeed it is enforceable and I have my dates wrong can I still go ahead and make an offer then or is it too late? Sorry for all the questions, really worried here! Hope someone can help Many Thanks, Rob

Hi all, not been on for some time now, but would like some advise from you wonderful people! Had a debt with First Direct/HSBC for £1700. £400 of this was for unfair charges which I had been in discussion with First Direct for over 3 years. Had gone very quiet for 2 years when in January of this year I received Notice of Assignment from Sigma Red/SPV. I notified them of my dispute with First Direct and they answered this with this claim form: http://i343.photobucket.com/albums/o473/pabrmu/SigmaPOC.png I contacted them to ask why only claiming £299.99 plus costs and they said it was to keep costs down. I then spoke to a learned associate of mine and he said that if this was him, he would pay the claim as he considered that they had shot themselves in the foot as they should be claiming the whole amount. He quoted case law Henderson vs Henderson of 1843 and this was still current law. This law states that it would be an abuse of process to make the same claim again after already starting litigation. I have no doubt that Sigma will claim that on their POC, it stated " part only of monies due", but the law states that all should be claimed. When I settled their recent claim by cheque, I enclosed a letter stating "Full and final settlement of their claim" and have not heard from them yet, except for them to state that they would now be demanding the balance of £1400. Any views would be much appreciated.

I took out an agreement with welcome finance in 2004 for a car that I needed for work. after a year I had to resign or the company told me I would be sacked. I was unemployed for almost a year & could not keep up with the payments. In the end we decided to refinance the agreement so I could make affordable payments. When the original loan was paid off I do not think that the PPI was refunded plus something called short fall insurance which I have no idea about. I believe that the ppi was miss-sold as I would not of agreed to it had I known that I could not claim if I was unemployed. Also they did not explain the PPI properly & as I had been kept waiting for a car for almost 8 hours I just wanted to get out of there. I may consider going to watchdog about these guys as they seem to be nothing more than loan sharks I now owe £7000 for a car worth about £1500. I will be very interested in knowing if it is legal to put a finance charge that amounts to 2/3ds of the worth of the vehicle. Also finance charges of £1300 on insurances that I did not ask for any help will be great as I want to get unhooked from these sharks many thanks Martyn

Hi I am trying to help a young relative who has fallen on hard time. Some years ago she had a loan with Nat west and entered into a debt Management situation and defaulted on this. There is a certificate which states that the creditors must now chase themselves for the debt. This was in 2007 . This is now statute barred. Can she still claim PPI on a nat west Consolidated Loan which she was forced to take out PPI on . Or would this open up a can of worms. Any help would be appreciated as she is a single parent with children having left an abusive relationship with absolutely nothing . Thanks Guys

Hello Please can anyone tell me when exactly a debt will be Statute Barred? We last made a payment on this account on 1st April 2009 and have made NO contact since. Thank you.

Hi Guys, I had a credit card debt with MBNA that was sold to Aktiv Kapital. the last payment was made in Feb2009 so by my reckoning this is now possibly statute barred. I have looked through many threads on here for a definitive answer to what date a statute barred debt is calculated from but couldnt find one. but found some conflicting answers on other web sites. for example the link below say from last payment. http://moneyaware.co.uk/2013/10/statute-barred-debt/ but this web site link below says that depends on what your agreement says. https://www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Page-02.aspx Please can somebody tell me who is correct.

Lowell sent a letter to say they had bought a debt in November 2008 (hubby's). He said he had never written to them or paid anything so we sent the statute barred letter. However they have now replied with this.. ..what do we do now please? - he says he definitely hasn't paid anything to any doorstep collection company....

What does everyone make of this ? It's a reply to my recent Statute Barred Letter to Honours Student Loans for a Loan taken out in 1994 Basically they are stating my Statute Barred claim is void because I haven't informed them of any changes of Addresses I've had, is this true? Do they have a case? Do I ignore the letter or reply? I'm guessing quite a few people would have received identical letters.. Thanks

Hello All, I have in the past told Op's to send the Statute Barred letters from the Template section in the Library. However now it has been posted not to send the Statute Barred letter until a claim form has been received, which is why I have got to ask why? The op has came to CAG because they are being bullied, harassed, intimidated & threatened with Court Action (sometimes as an idle threat, others for real) by the ruthless DCA collection practises. Now they have found their way to CAG, through postings between CAG members and the Op if it is found out that the debt is Statute Barred, they are then told that the general consensus is to await a Court Order or as I interpret it is to stick their head back in the sand (although with more knowledge on their position). I know that sending the Statute Barred letter opens up Ghost Payments etc. but in my view that is far better for the Op to deal with than sitting at their kitchen table staring at a County Court claim Form. Stigman

Hi. I wonder if you could offer me some advice please? I am a former postman and I have been unemployed since 8th april 2004. I had a few debts that I was paying before I became unemployed. Since becoming unemployed in 2004 I didnt acknowledged any debt and nor did I have any contact with any of my creditors or make any payments on any of my debts. In 2012 I moved from my old address(at my parents)to a council flat. Recently a guy has knocked at my flat I didnt answer it because I have mental health problems but when I looked through the spyhole on my door the guy banged on my neighbours door asking questions about me. The next day I rang up chester civil justice centre and they told me I have to attend court for questioning on 17th Feb 2015. When I asked the court woman what why I had to go to court she said it was to do with a debt and that a ccj had been entered against me in default in august 2011 .i told her that I had never received any forms in regard to this default and had I done so I would of made a defence that the alleged debt at the time of the default ccj issued was statute barred(7 years) imagine my suprise when the court woman told me that the alleged debt was for £3548!! With a company called shop direct!! I told her that I have never had any account with shop direct or any other company associated with shop direct. i am staggered tbh. days later the court sent me a set aside form. your advice would be welcome as to what I can do next. Many Thanks.Nigel.

Hi I have an old style student loan from the early 90s. I have never repaid any money nor have I responded to any correspondence. I have had a couple of letters over the last two years about my account and have now had one from Erudio. Can I just send them a statute Barred letter to get them to go away? Ive built up a decent credit rating over the last 10 years and dont want the to ruin it for me.

Back in April I reached the point where I could no longer hold off turning to a debt managment company for help. I ended up going to Gregory Pennington and aksed them to help me with 5 debts that I had. 4 Credit cards and a student loan. Now they said the couldnt do anything about the student loan but we agreed on payment plan for the 4 cards and I left them to get on with the things they needed to do. 3 of the card companies agreed to the payment plans proposed immediatley and without any fuss. barclaycard however are a different matter. Pretty soon after I stopped paying Barclycard Mercers got in touch and as per instructions I told them Gregory Pennington were dealing with things. At first they accepted this. However, soon after they started phoning me up saying there was no agreement in place, I had pay all outstanding charges and that charges and interest would continue to be added to my account. Mercers phones me 3 times a day, every day, until I speak to them, then the calls stop for a week, then its back to 3 times a day every day until they get hold of me. I've also picked up around £700 in charges and interest costs. Mercers claim that Gregory Pennington have not sent the correct information. Gregory Pennington claim they have sent it several times. (And given that the other companies have all agreed I cant see why GP wouldnt have sent the necessary information and requests to all parties). Im getting stressed out having the same conversation with Mercers every single week, but equally, I dont want them phoning me every day, three times a day (although they make a great alarm clock in the mornings, 8:45am every day - including weekends) I dont know whose at fault, GP or Barclaycard and I dont seem to have a way for sorting it out. How do I get this sorted? Can I do anything about the increase of £700 on my debt (£1000 if you take into account the payments they have recieved as well) In regards to harasment with phone calls, is once a week, (if I speak to them) harassment? or is 3 times a day, every day, (when I dont answer them) harassment? I find it hard to see how it is, but I'll go down what ever route to get the to stop calling. Regardless of whether barclaycard are playing silly buggers, im paying GP to sort this and they are not, and thats really the bottom line. Can anyone recommend an effective debt management company.

I defaulted on a sainsburys credit card around 7 - 8 years ago, i paid the credit card off when i got made redundant with the redunancy money i got back in 2003 then i could not find another job so i ended up getting myself back into debt again, i didnt even know i had ppi with the credit card, as at the time i got full sick pay from the company i worked for. I thought id chance my arm to try and get the ppi back even though i didnt know i had ppi, i was apparently paying ppi for around 3 years. I didnt pay any money back to sainsburys, i foolishly let a solicitor try and claim ppi back from the bank of scotland but they denied me, so i went to the Financial ombudsman, they also said no so i gave it to a different solicitor around a year and half ago, just got a letter there start of December 2014 saying they are looking into the case again, am i right to say that the debt will be statute barred as i have not paid any money to sainsburys in the past 8 years? the default has been off my credit report for about 1.5 to 2 years, also if i do get any money from the ppi would it go against the old debt? i am worried about the money going back into the debt and then i end up owing the claim company money. Any help would be great Thanks

Hi and thanks for taking the time to read. I have just received a small claims form pack (N9) which was issued on 17-Nov-2014 from Northampton county court business centre, for an old debt from Capital One which Arrow Global have purchased. I have looked up on my credit profile and can see a default was registered on 11/02/2009, the last payment for this debt was some months before that so it may possibly be statute barred if I'm correct? I have never acknowledged any letters or had any contact with Arrow Global, nor have I ever had any contact with Capital One since the default, I have just buried my head in the sand as I have never really been in a position to do anything about the debt. I'm a little unsure how to proceed or what to do and any advice would be greatly appreciated.

Hi I have received a DCA letter from Cabot for a CC debt that defaulted May 2007 and haven't been in contact with them. In the meantime I had received letters from different DCA's as it has been passed around and was wondering if this would be considered statute barred. I assume that it is, but just wanted to make sure and if it is the case, do I need to write to them with a letter or complain to the OFT Thanks N

Hi, I have a debt with Lloyds, due to a personal loan when I was employed by them. Of course there was PPI on there, as an employee it was required of me in order to get the loan. long story short, I had to resign from my job with them due to moving hundreds of miles into a womens refuge to escape domestic violence. They refused my ppi claim as I had resigned and wouldn't help me transfer my job to another branch. I tried to get them to agree to reduced payments, while I got sorted; again refused. As I had so much else going on, they really were the least of my worries and I ignored them. Right or wrong, I know better now and wouldn't dream of doing it again. The debt became statute barred in October 13, I've found this out through the CAB. I've been getting letters from Lowells, but having read advice on here, ignored them. My credit file was clean, the default had dropped off. I was accepted for a 'proper' bank account, and had to pass a credit check for my current job so I know it was fine. Now all of a sudden, Lowells have placed defaults on my credit file for every month from October 13, which is when I'm assuming they bought the debt. They're saying last payment was made 2009, it wasn't, it was June 2007. I obviously can't ignore them any longer, they're also threatening to take me to court, bless their cotton socks. What do I do now please? Thanks in advance!