bigtrouble2017
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OK so this is an update from my previous conversations and I appreciate the continued support which has been very helpful. So, this case proceeded to court and was heard on the 30th October this year. I presented my defence which focused on an illegible agreement and a transactional spreadsheet that did not tally. The Judge agreed that the agreement was illegible and asked the claimants to provide a legible copy of the agreement and also a more concise breakdown of the transactions spreadsheet which lead to their figures. They were given 18 days to supply this information and the case was adjourned. So today I received a letter from the claimants solicitors which said that their client had taken the decision to discontinue with proceedings, but reminded me that the debt had not been written off. The case is now closed. My last question to you again revolves around the limitation act as the date of the hearing on the 30th october was exactly 6 years to the day when the last acknowledged payment was made on this account, would this mean that the limitation has now passed as the clock would be running again? Thanks again for all your support and help in this case.
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Thanks Andy, much appreciated.
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Hello again, when a claim 'stops the clock' does it extend the 6 year limitation if not resolved? Thanks, BG
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OK, thanks.
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So the original creditor has no obligations to resolve a dispute and can sell on the debt and thus forward that dispute on as well?
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OK, another quick question. If a debt was in dispute can it be sold on? Thanks
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OK, thanks.
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Hi DX, yes 28th October 2014. Sorry but can you elaborate on the above? Thanks.
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Hi Andy, in process. I was waiting till after the 2nd to send on. BG2017 Quick question is the below a true statement and in particular "the time of your last payment or acknowledgement of the debt " . "Under the Limitation Act 1980 a creditor has six years to chase most unsecured unpaid debts, or twelve years for some mortgage shortfalls. This 'limitation period' starts from the time of your last payment or acknowledgement of the debt, not the total length of time you've been making payments." Thanks again.
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So, I'm back. Here again for some advice. I'm heading for a court hearing (Small Claims track - Online) 30th Oct. Welcome your advice and appreciate your help. Kind regards, BG2017 Small Claims Track - 2.pdf Small Claims Track.pdf
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I submitted a defence in an edition to my original. Their reply is included in the attached pdf. Any thoughts. Your help is much appreciated. Latests - Restons.pdf
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but I'm disputing the figures in the 'Default notice' and the fact that it does not tally with the breakdown in the spreadsheet, "how was the figure in the 'Default notice' calculated?'. Also disputing the credit limit in the Default Notice which has no proof of starting credit limit and ending credit limit. I'm getting lost... shouldn't the figure be 3,285.30 on the N1? If not there is no breakdown for costs between the default notice amount of 3,285.30 and the amount of 3,393.91 before costs on the N1. This is a difference of 108.61. That said I'm also disputing the figures in the 'Default notice' and the fact that it does not tally with the breakdown in the spreadsheet, so basically "how was the figure in the 'Default notice' calculated?' and I am still disputing the credit limit in the Default Notice which has no guide of starting credit limit or ending credit limit within the evidence provided. Or have I just lost the plot Thank you for all your time.
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but the N1 shows 'Court fee' of £185.00 and 'Legal representative's costs' of £80.00 which total £265.00. Are you saying this still has to be accounted for in the their statement?
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Pre Default Notice - Until 15/02/2015 - last transaction 5 days prior to Default Notice. Total I get at £3260.72 Post Default Notice - From 12/03/2015 to 15/03/2015 and 24 days after Default Notice. Total I get at £3369.33 Does this bring into question the spreadsheet? The amount was always in dispute with the original collector Moorcroft along with the Credit Limit, as Vanquis had expressed to me over the phone that they would not charge interest and would freeze my account so as not to incur any more charges. (Hearsay I know) Totally get you're busy, so no worries. As always thanks again for all your help. Spreadsheet Transactions.pdf
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