Hello

Long time lurker who now has to step out of the shadows and is requesting help please

Long story short

I have various debts that due to breaking up with a partner and being made homeless and leaving the house with just the clothes on my back i could not afford to pay.

This was in September 2008 and at that point I stopped paying all of my monthly payments because i simply couldn't afford them.

I have not paid or acknowledged any of the debt since then but up until that point i had made the appropriate payments to the accounts as per the agreements.

I have received loads of letters over the years about various debts from DCA's and filed them where they belong in the bin but unfortunately my new wife found the most recent one and got into a panic about it not knowing the rules on these things.

So to allay her fears and knowing that everything should be SB from that time i (foolishly)

sent the DCA the standard statute barred letter (sent recorded and signed for)..

.. and recently received a response from them saying

"Under the limitations act 1980 a creditor has six years to pursue for most unsecured unpaid debts.

The limitation period starts from the time of your last payment or acknowledgement of the debt,

not the total length you have been making the payments.

The account was taken out on July 2007 and later defaulted on 28 December 2010 due to non payment.

The above balance still remains outstanding as this is not statue barred so please contact us to arrange payment.

If no response is received a claim form may be issued incurring costs.

If you do not respond to the claim we may apply for a county court judgement....."

Now I know for a fact nothing was paid or acknowledged in this time from me stopping paying my normal payments till the adding of the default to my credit file over 2 years later.

As per usual with DCA letters i decided to call their bluff on this correspondence....

unfortunately yesterday i get a letter from Northampton County Court saying that they have applied for a CCJ

and the relevant forms for me to fill in and send back,

the date on the court letter is the 29th September 2016.

Now in my mind i have narrowed the debt down to either a laptop or a sofa that was taken out on finance.

The amount sounds more in line with the laptop i brought

but that was through HFC who i know sold various debts but im not sure who to.

The original debtor on the DCA letter is described as creation finance which is who i took the sofa finance out with but the amount seems to low to me for it to be the sofa....

as stated i know for a fact that i have not made payments for these items and hadnt paid any funds in front for it not to be defaulted for a further 2 and a bit years.

What has really put doubt in my mind is the long delay on adding the default to my credit file (which i havent checked).

But its such a poignant date and time of my life for me not to remember exactly when it was, even now..

.. unfortunately i have no access to the bank accounts i had back then to confirm when i stopped paying.

So to the great people and contributors of the consumer action group i ask what you recommend i do from here please.

. obviously i want to defend the CCJ as i feel it is statue barred but i have no proof other than my word that i know its statue barred...

Should i call Creation finance and try to find out what the original payment dates were?

Will a straight defence on the court forms be that i know it is statue barred be sufficient?......

Should i send the acknowledgement of service to buy me the time to decide what to do?

I am fully prepared to attend court if needs be to argue this

but would like to request that it is moved to a court closer to me as Northampton is an hour and a half drive away is this doable?

Please help and thanks in advance.

totally agree with you its statute barred

can you fill this link out now

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

then we'll get you to acknowledge the claim

and file our SB defence

regards

dx

ps yes creation did sofa finance.

Can you get that link done please

a relatively new scheme is that the creditors are not sending out default letters for up to 5 years after you stop paying in the hope that that pushed the SB date along by that time.

They will claim that they were actively trying to resolve the matter with you so you need to send an SAR to them to get copies of any correspondence that will support or deny this interpretation of the limitations clock.

if they sent you letters on a monthly basis then they have a bit of a chance with their argument as long as you responded to some of them, just not putting default date on credit file wont fool anyone.

When you send of the AOS you can just put that the claim is SB, the onus will be on them to show it isnt.

By that time you will have done your CCA request and SAR and got all of the (non-existent) proof

please just do the link

then we'll file the SB defence

not need to do anything else.

dx

please just do the link

then we'll file the SB defence

not need to do anything else.

 

 

dx

Apologies for the lateness in the reply and thanks for taking your time out to help i havent been in a postion to get the paperwork again due to being at work till now to reply... here goes

Name of the Claimant :-Lowell Portfolio I LTD

Date of issue – 29th September 2016

What is the claim for –

1) The defendant entered into a consumer credit act 1974 regulated agreement with creation finance under account reference *******.... ("the agreement")

2)The defendant failed to maintain the required payments and a default notice was served and not complied with

3)The agreement was later assigned to the claimant on 11/05/2011 and notice given to the defendant

4) Despite repeated requests for payment the sum of £880 remains due and outstanding

And the claimant claims

a) The said sum of £880

b)interest pursuant to s69 county courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.194 but limited to one year, being £70.75

C) Costs

What is the value of the claim?

Amount claimed £955.00

Court fee £60

Legal rep costs £70

Total amount £1085.15

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account?

Loan account

When did you enter into the original agreement before or after 2007?

13th July 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.

Debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment?

Probably, i can not be 100% sure as i have had approx 4 home addresses since then

Did you receive a Default Notice from the original creditor?

Same as above i am not sure.... i can not be 100% sure as i have had approx 4 home addresses since then

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

I got one this year but as per above i cannot confirm for previous years

Why did you cease payments?

Lost job, split up with partner and essentially made homeless so all money had to go on getting a roof over my head

What was the date of your last payment?

It would have been in the month of September 2008

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 managementicon plan?

No

Again thanks in advance

as you have recieved 'notice of default sums' then hopefully to have been defaulted prior re the default notice. q is when re bar and being a loan.

well sept 2008 well SB'd.

go acknowledge the claim on MCOL website

defend all

leave jurisdiction unticked

and when that's done

you can file this defence

no need to do anything else really..

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 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.

.

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 £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..

..ends..

as you have recieved 'notice of default sums' then hopefully to have been defaulted prior re the default notice. q is when re bar and being a loan.

I cant understand why it wouldnt have been defaulted for 2 and a bit years, i never paid in front or anything like that for me to be in credit for the credit to counteract any missed payments.... certainly not 20 odd months worth, if id have had that money at the time id have paid the thing off.

I cant understand why it wouldnt have been defaulted for 2 and a bit years, .

thats what i mean re loans.

and then they argue bar runs from the default, not the actual last payment.

ps, which you say the default date is dec 2010

well sept 2008 well SB'd.

 

 

go acknowledge the claim on MCOL website

defend all

leave jurisdiction unticked

 

 

and when that's done

you can file this defence

 

 

no need to do anything else really..

 

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 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.

.

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 £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..

..ends..

Thankyou

So just to clarify i dont need to send the CCA Request forms or the a CPR31.14 request to the solicitor named on the claim form that are the link you orginally sent me?

And my defence on the court letters will as you have written above

1 The Claimant's claim was issued on (insert date).

2 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.

.

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 £[insert figure from their POC] or any other sum, or relief of any kind is denied.

Will the DCA have any come back from this with the courts? ie "well the default is not on the file till december 2010 so he must have been paying till then?"

apologies for the daft questions

thats what i mean re loans.

and then they argue bar runs from the default, not the actual last payment.

 

ps, which you say the default date is dec 2010

It just seems to me that they are clinging on to the hope that the court thinks that it should be from the default date not when i actually stopped paying.

Creation finance is owned by barclays, barclays are notorious for leaving things to around 5 yrs then defaulting you.

They then think you are stuffed for a further 6 yrs from the date of default but that isnt how things actually work.

The default date and whether a debt is SB or not have no relation whatsoever, the important factors are last payment or written acknowledgement of the debt.

Excellent, which i 100% know is September 2008 as thats when the marriage went up the wall and that aint gonna be a part of your life you are likely to forget in a hurry.

Im assuming the courts will be aware of this tactic you describe?

Dont forget, the onus is on the claimant to prove it isnt statute barred, not for you to prove it is.

It just seems to me that they are clinging on to the hope that the court thinks that it should be from the default date not when i actually stopped paying.

being cynical. dont be surprised if the court sides with that view, it has been seen. partic re loans as its before the end of its term.

being cynical. dont be surprised if the court sides with that view, it has been seen. partic re loans as its before the end of its term.

So what would i do in that circumstance?

Bit harsh getting a CCJ on something that is in SB and legally unenforceable by over 2 years....

It may well be a good idea to ring creation and just ask them to clarify when the last payment was made to the account.

If they are true to form and cant give any info beyond 6 yrs because they dont legally have to keep info longer than 6 yrs then its game set and match, it must then be SB.

Bit harsh getting a CCJ on something that is in SB and legally unenforceable by over 2 years....

it does seem harsh. and is something to challenge. but, i bet they will argue that.

what approach a j on the day will take, i dont know.

It may well be a good idea to ring creation and just ask them to clarify when the last payment was made to the account.

 

If they are true to form and cant give any ingo beyond 6 yrs because they dont legally have to keep info longer than 6 yrs then its game set and match, it must then be SB.

And if this is the case would this then be added to the court form?

Surely they would still have records becuase as per lowells letter the default wasent added until December 2010 which would make it 5 years and 10 months and still within the 6 year period

it does seem harsh. and is something to challenge. but, i bet they will argue that.

what approach a j on the day will take, i dont know.

Would i be able to request the claim be moved to a court closer to me so i can attend in person?

Would i be able to request the claim be moved to a court closer to me so i can attend in person?

if it progresses, it wld go to yr local court anyway (automatically)

Your missing the point paullaroy, the default date is irrelevant, the last payment date is very relevant or last written acknowledgement

Your missing the point paullaroy, the default date is irrelevant, the last payment date is very relevant or last written acknowledgement

it shld be, but they wld argue it from the def date, as has been seen, partic re a loan. just stating what they do, so can be prepared.

if it progresses, it wld go to yr local court anyway (automatically)

Unless its due to close...plenty going next year.