It's originally a credit card debt.

It's 10 years old and I haven't made any payments for over 6 years.

Is it still enforceable if I made payments before that?

I am struggling to even pay my debt at the moment and can't afford to pay it back.

I am not sure whether to admit liability and fill in my exercises for the court to decide or question whether it can be enforced.

And if so how would I do this?

Pay my rent not debt

Who has issued the claim? A DCA or the Original Creditor?

If you are absolutely certain that no payment or written acknowledgement has been made in at least 6 years then file a Statute Barred defence. No point in paying where there is no need to and the creditor has had ample time to resolve the issue

Tell us some more..

Can you please copy and paste the below with your responses?

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

Who is Original Creditor, and DCA, have they already got a default CCJ?

you need to get that link completed ASAP....

clock is ticking

Name of the Claimant ? Hoist/cohen

Date of issue – 5th July 2017

What is the claim for –

1. This Claim is for the sum of £3484.43 in respect of monies owing under an Agreement with the account no X pursuant to the CCA 1974

The debt was legally assigned by MKDP LLP (Ex Lloyds Banking Group) to the claimant and notice has been served.

2.The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served.

3.The claimant claims

1. The sum of £3484.43

2. Costs (total = £3749.43)

What is the value of the claim? £3749.43

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card

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

Did you receive a Default Notice from the original creditor? Yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No, more like one every 3-4 years

Why did you cease payments? The credit card was taken when I was married and had more money to pay it off. I subsequently became a loan parent and also had a period of about 3-4 years of mental illness and being in and out of a psychiatric ward.

What was the date of your last payment? I am not sure but it was probably at least 8 years ago.

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?

Yes. When the debt was originally sold to another party I made an agreement with them to pay I think £10 a month. However, since I was ill at the time and living with my parents I just don't remember much about this but it was definitely before my youngest daughter was born and she is now 8.

The CAB told me that since I have at some point agreed a debt management plan then I effectively can't say it's statute barred even with no payment for so many years.

I feel I should make absolutely sure I have to accept liability before doing it.

you have the card number from their POC

go ring LLoyds and ask last payment date please

The CAB told me that since I have at some point agreed a debt management plan then I effectively can't say it's statute barred even with no payment for so many years.

You need to stay away from CAB if thats the best advice they can offer.

Andy

Thank you - I will do this. What if they say the account is closed (which it will be)

don't go ring the claimant or their dogs!!

Right, ok I phoned Lloyds and they said the last payment was made in 2008. He then said that it was on 19th June 2012 for £1. I am almost 100% certain I made no such payment in 2012. So what would you suggest?

The account was apparently sold to the most recent place in 2011 by the way.

did you ever sent for a CCA request or enter into any debt management schemes?

What is a debt management scheme? I have not sent for a CCA request. The only time I agreed to pay anything was with some doorstop collecter guy which was as I said over 8 years ago and this was set at £10/ month. I know this because I was living at my parents house at the time.

Thanks for all your responses so far by the way. I know literally nobody who can give me decent advice on this.

well you can take a gamble as such

and file our Statute barred defence

or

you go thru the AOS/CCA/CPR std process and request documentation....

we can help with either way

what does your credit file say?

I haven't looked at my credit file for years so perhaps I need to do that.

I don't know which route is the best to take - what are the advantages/ disadvantages of either?

no that's ok

you've a few more days before you need to ack the claim..[AOS on mcol website]

keep digging.

Ok, I'll see if I can get into my credit file.

What is a debt management scheme? I have not sent for a CCA request. The only time I agreed to pay anything was with some doorstop collecter guy which was as I said over 8 years ago and this was set at £10/ month. I know this because I was living at my parents house at the time.

If something you don't understand is in bold font and has two little blue oblongs next to it, then you can click on the words and be taken to another screen with an explanation.

HB

Thank you honeybee - I'm a bit dense

" Right, ok I phoned Lloyds and they said the last payment was made in 2008. He then said that it was on 19th June 2012 for £1"

Why would anyone in their right mind make a payment of £1...how would you make it cash ? or credit card/debit card for £1....cheque ...?

I think the adviser at Lloyd s told you the truth in the first sentence IE 2008 then realised it has been assigned and quickly back tracked.

Do you happen to know when this debt was assigned..the claimant fails to mention a date in their pleadings...conveniently .

Andy

Yes Andy I agree. I do not think for a minute that I made this payment.

I would have paid more than £1 if I was going to pay anything.

The debt was assigned in 2008 - that's when I first received a default notice.

Oh and the adviser told me to contact the claimant.

Yes Andy I agree. I do not think for a minute that I made this payment. I would have paid more than £1 if I was going to pay anything.

 

The debt was assigned in 2008 - that's when I first received a default notice.

Are you sure...who was the default notice from..Lloyds .....have you retained it ?

Have you got a Notice of Assignment?

No, unfortunately I didn't keep the paperwork back then. As I said between 2008 and 2010 I was unwell and in and out of psychiatric wards. So I've definitely come unstuck there. I kept getting different letters saying the debt had been sold to another company and this changed several times.

Fair enough...get your CPR and CCA requests away even though its obviously statute barred (refer to the link)...register with MCOL and do all this on line.

You must acknowledge service by Fri 21st July....I would submit the statute barred defence at the same time then its all done with.

Andy