Hi Now you mention it I have a distinct memory of going to the Post Office and buying £1.00 postal orders for the purpose of sending to our creditors, again unsure how long I did this for mind you, as we were absolutely skint, maybe 2 or 3 months. Now how do they prove they were from me? This is infuriating as I keep recalling snipets of memories of what I did back then. For instance I have just remembered that the postal order's were sent in individual envelopes addressed to the creditors with (knowing me) a covering letter. (bugger!) Thanks S9

Hi Tomterm8, You keep coming out with things that could make all the difference, thank you. I would have paid them via DDM or more probable standing order from my bank account, which would have taken at least 3 days to reach the account. So you are saying the last payment applies from the day the money left my bank account as apposed to when it was credited to the to the account? This could mean a difference of at least 3 days! not sure how I would prove that without the original bank statements if I needed to mind you. Thanks S9

Hi Actually, I do not feel so confident right now as I think they may have just sneaked in under the 6 year limitations act limit. I suppose this makes it even more important that I ask them for the correct and proper documents in the 'Proposed Directions' request on the N150 form. Please wish me luck I think I am going to need it! And thank you all especially Tomterm8 and Sequenci for your helpful advice. Thanks S9

Hi Tomterm8, OK! It seems only #1. in your comments may apply as I cannot confirm from my end when exactly the last payment was made to the account. I do recall in June 2001 contacting the CCCS who advised we arrange to pay our creditors £1.00 goodwill payments, which we started but could not even keep that up! But once again I cannot remember when exactly we stopped the payments. All I am sure of it is was before 2002. I am not sure what a S.A.R. is although I have seen references to it on the forum. I will investigate. However, I think I am running out of time to do anything like that. Not to mention the bank account also defaulted in Aug 2001, another creditor that I have not heard anything from in over 6 years. (Yes, 2001 was a very bad year for our family financially).

Hi Sequenci, The payments were made via DDM from my bank account at the time, which I have not had since approx aug 2001 Thanks S9

Hi Tomterm8, Ok thank you for the advice, cannot thank you enough! not feeling anywhere near as apprehensive as before. I am just so worried about incriminating myself somehow and allowing them to win the case on a technicality that would not have occured had I been able to afford a solicitor. In your experience is there anything else I should lookout for that may trip me up in court? Thanks again S9

Hi The claim form issue date is 07-09-2007. However I noted that for the purposes of the limitations act the court uses the date that the claimant submitted the calim to them for processing so who knows when that was at present. Which ever way I look at it, its on the edge of the limitations act timeline. So it will greatly depend on what documents they can produce in court to prove the claim is within the limitations act period. I was wondering though, should I copy to the court via the proposed directions and the disclosure rules my Credit files from Experian and Equifax that do not show any details of the claimant on them? Or just take copies to court on the day if necessary, thing is, will they be admissable if I do not disclose them to the court now?? Thank you S9

Hi Tomterm8, Excellent thank you! Can you please explain; d. True copies of any document of assignment? am I write in thinking thats HFC's request to DCA's to take over the account etc? Thanks again S9

To Tomterm8 The people taking me to court are Robinson Way & Co Ltd Assignees of R/O: HFC Bank Ltd Address for sending documents listed as Horwich Farrelly Thank you S9

Hi Yes I do. It was at the very latest August 2001, however, more than likely May 2001. I have had no written or payment contact with the original creditor HFC or subsequent DCA (currently Robinson Way taking me to court) since then and am really confident the limitations act applies. I not sure though, why on the claim form they request interest from the 18/01/2002. This is puzzling as I was definately not paying them anything well before then. Thanks S9

Hello Tomterm8, I have been advised by other members of the forum to contact you regarding my issue, so I hope you can help please. The situation is as follows: 7th Sept 07 received a County Court Claim form; the particulars of the claim are; "The claimant claims outstanding monies due and payable by the defendant under a credit agreement, whereby the the defendant agreed to repay with interest the value of the credit obtained, and the claimant claims 1. the sum of £6983.16 2. Interest Pursuant to S69 of the county Court Act 1984 at the rate of 8.00% from 18/02/2002 to date hereof 2056 days is the sum of 3146.91 3. future interest accruing at the daily rate of 1.53 4. costs" I completed the defense form online denying the full amount of the claim, with the defense that the claimant is 'Statute Barred' as specified under the Limitaions act 1980 s.5. I also requested via the online court reply form that the claimant supply. 1. The original signed contract 2. Evidence of the date the last payment was made. Last week I received a Allocation Questionnaire that needs to be completed and returned to the Court by this Friday 26-10-2007. I think I am able to complete most of the form as required, but am unsure as to what to do about the 'Proposed Directions' section as I think I should propose the court request the documents aforementioned. Can you help please. Thank you S9

Thank you for your advice. I will try to contact Tomterm via PM as you suggest S9

Hello Everyone, I have read a lot of comments on this excellent forum, but none seem to clarify what I should do next! I received in September a County Court Claim Form from a company requesting payment of an oustanding sum under a Credit Agreement in excess of 10,000 including interest and fees. I am confident I have had no contact with the company in over 6 years. And have checked both my credit files at experian and equifax and note the alleged debt does not appear. Although a search record for the collection company is evident. I returned the form siting I am defending the full amount of the claim. I stated I deny the the full amount of the claim and believe the claimant was statute barred, under the limitations act 1980 section 5, and requested the claimant provide the original signed contract and evidence of the date the last payment was made. Last week I received an Allocation Questionnaire (N150) from the court to be completed and returned by this coming Friday 26th Oct. I think I am ok with filling in most of the form, but am unsure with the section entitled 'Proposed Directions'. I have noticed people mentioning Consumer Credit Agreements (CCA), and am wondering if I should have corresponded with the company before asking them for this as well as informing them they are statute barred unless they can prove otherwise. I would really like to know what directions I should place to the court and in what format. Am I right in thinking I should request the disclosure of the documents CCA and last payment info. Any help or advice you can offer would be greatly appreciated. Thank you S9