Who did you write to in 2013? There may not be any record of this letter now. And who have you been sending emails to recently? My OH had a Citi one and we've not heard for years, there is a thread on here about it.

I think the op meant it was on an old report DX, at least that's how I've read it. Personally I'd do nothing, they're asking you for details so they have nothing to go on. Unfortunately by writing to them, you have alerted them and they will chase but until they can prove anything, they haven't got a chance.

If you last paid on 4/1/2010 it should have become SB 5/2/2016 but would always add a couple of weeks more so I would say you should have been safe by the end of February 2016. So if a judgement was granted on 11/1/2016 then the claim would have been issued some time around the end of November or even earlier because there are time limits for you to acknowledge the claim and defend. I appreciate you haven't seen the original claim which is why I asked if you had moved and they'd issued it to a previous address? Your original thread has been merged with this one so the full history is available here.

http://www.consumeractiongroup.co.uk/forum/showthread.php?264198-blackhorse-car-loan/page2 Here's the original thread from 2010 for reference. As I said in my previous post, forget the Statute Barred scenario because it no longer exists once a claim has been issued. Take Andyorch's advice

I had to re-apply for my driving licence after it being temporarily suspended due to health reasons, it took about four attempts of it going backwards and forwards to the DVLA due to ambiguous questions! I did get there in the end and to be honest, the photo licences are only a credit card size, very useful to keep in your purse or wallet and is an acceptable form of identification if you need to prove who you are.

As dx says, more information is needed here to give you any advice. An Attachment of Earnings is one of the options available to the claimant but only after a judgement has been obtained so I'm guessing a claim was issued but you didn't defend it? Have you moved recently? Once a claim is issued, the statute barred issue no longer exists unfortunately.

Check with the local authority regarding the HMO licence because I think there may be a public register for these properties. The description of the access to the roof space sound 'dodgy' to me! If there are issues with damp, this can be inspected by environmental health. The houses my son lived in had damp issues but some of it can be caused by poor ventilation and not putting the heating on so that it something to bear in mind I just thought I'd add for reference that I have now legal qualifications, all the information has been gleaned from experience having two lads that went to Uni, one moved into a house that was due to be re-possessed within a couple of weeks! The agents soon pulled their finger out to get the deposit back (around 3k!) The other had a verbally abusive LL who let himself in when he felt like it (until i put him right!) Then the last LL tried to keep the deposit so she could 'tart' up her property at their expense, my deposits adjudicated and found in the students favour but the things she wanted paying for were absolutely ridiculous! They both survived (not sure I did financially) got good degrees and are both happy working so there is light at the end of the tunnel

Goodness this gets more and more complicated! Correct me if I've missed or misunderstood anything. The current contract states the names of the six tenants (2 existing occupiers and 4 new tenants) but it was only ever signed by the three new tenants who moved in? So what contract do the existing 2 tenants have? They should, as far as I am aware have signed the new updated AST with all the (new and existing) occupants listed. The problem remains that the agents failed to secure the sixth tenant and you all should have been advised of this prior to occupation. unless it was agreed that you (the 5 proposed tenants) would try and secure a sixth person, but you had no reason to doubt that six were secured. This what the LL pays for and they should never have agreed to accept the reduced rent. It is highly unlikely that they had the authority to do this, without agreeing it with the LL beforehand and it seems to me that the LL wants his money. Why wouldn't he? You definitely need to get legal advice to sort this asap, I'll keep looking for the organisation my son used but as it's been a couple of years since he left Uni, it's likely that I've shredded everything. I would ensure that everything discussed verbally from now on is followed up by email so that you have a paper trail as evidence, should it be needed. I would also try and copy the LL in anything too then there's no danger of chinese whispers! Not that I want to cause more concern, but have you had confirmation of the scheme where your deposit is held/registered? This is a legal requirement and you should have been given full details of this within so many days of occupation, although it may be stated somewhere in the AST. Finally (for now) you mentioned the state of disrepair. Was a full inventory/inspection done when the tenancy started? Did they pay for one to be done? (it's usually a charge made to the tenants when vacating and occupying) so that there's no doubt in the state of the property inside and out. and that everything is working as it should. When my son left his student house, the LL tried to withhold a huge part of their deposit and we had to put a claim via the deposit protection scheme and won. Photographs are a must and again a paper trail by email could be very important if problems aren't recitified.

http://england.shelter.org.uk/get_advice/private_renting/problems_with_renting/complaints_about_letting_agents

The agents should have given you all a copy of the completed signed AST at the start of the tenancy, which would have raised alarm bells if there was a missing 5th tenant and guarantor!

I had a similar (ish) situation when my son was a student and shared with 4 others, except that all five occupied the property until one left after four months. Finding another student a few months after starting term proved impossible so it was a very expensive learning curve! We did get someone who just needed a room for a short time which did help a little towards the end of the tenancy. The LL did take the guarantor to court but she had no ability to pay, which was very annoying when all the tenants have to pay for checks to be done for credit worthiness prior to the tenancy starting. (money for old rope!) I you haven't already done so, I think I would approach the landlord to see if he/she is aware of the situation, surely he/she would have been in touch due to the shortfall in rental payments? Having a verbal agreement with the agents and proof of this by the fact that they have accepted the reduced rent, I would have thought should be in your favour and the fact that they have failed to complete the AST for the agreed five students puts them totally at fault. There was an organisation that gave free legal advice for students that we used but it was a couple of years ago now. I'll see if I can find it for you. It's taken a long time for the agents to demand the shortfall so maybe they are suddenly getting grief from the LL!

The answer to your questions are covered in Andy's post 172 I would just ignore anything unless it is a letter before action which should be clear about their intentions.

Yes 'stayed' is good, whether they would re-open the case is anyone's guess but as they were probably hoping for a judgement by default, they may have just filed your case and moved on to someone else. Do you actually know the date of your last payment? Although the SB scenario no longer exists due to a claim being issued and the clock will only re-start if they discontinue or you ask for a strike out. I had this situation and wasn't aware of this at the time, however the claim was issued a few years ago so I'm not stressing about it not ever becoming SB.

Great news!

I believe too that it is for them to disprove the SB period. However there are recent issues where some claimants are arguing that statute barred is 6 years from the 'cause of action' and they consider this is when the DN is issued, which in some cases is quite some time after the last payment was made. Restons are very aggressive so you really need to be able to argue your case if they do continue.

Hi Flooz, get your file out and check for sure!

It sure is!

Mine has gone off Noddle too when I checked yesterday!

Just a little update to complete this thread because I used to find it really frustrating when threads were left without any conclusion. The default was dated 31st Dec 2009 and it has now dropped off my file!

Just a little update to complete this thread because I used to find it really frustrating when threads were left without any conclusion. This was statute barred in August 15 and the default was dated 12th Dec 09 and it has now dropped off my file!

Just a little update to complete this thread because I used to find it really frustrating when threads were left without any conclusion. This was statute barred in July 15 and the default was dated 30th Jan 2010 but it has now dropped off my file!

If you last paid in December 09, then it wouldn't quite be SB, it would be one month (or thereabouts) after the last payment was made. Is there any way of finding out when you last paid? It could be crucial! A lot of DCA's will issue a claim when it's coming up to SB and unless you win or they discontinue, it will never become SB. As it's such a small (ish) amount, would you consider or are you able to make an offer? Of course a greatly reduced amount, which would avoid getting a ccj. You can complete the AOS (acknowledgement of service) online through MCOL, it's pretty straight forward, but ask if you're stuck. Cabot will/should know the timescale for your CCA request, did you send it recorded delivery so that you have proof that you sent it?

Precisely CB!

I've had the same letter too Nivagey. They may be hoping that these letters are responded to so that the SB period re-starts!

Don't whatsoever get into a dialoque with these people! You can't claim SB on something you know nothing about. Don't take any more calls from them either, just wait for them to write and post on here if you receive anything from them.