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truaguns

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About truaguns

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  1. Thanks dx. With regards to the one that's currently in a tomlin order (until January 2018). It's a northern rock loan. I paid most of 13k then when I couldn't pay it ended up with Marlin (who the tomlin order is with). Should I leave it be until the tomlin is settled?
  2. Hi all, I had a load of credit cards loans that haven't been paid or acknowledge since Feb 2011, defaults were applied, the last being October 2011. So that's when the last of them fall off my credit report, later this year, although some already have. I'm thinking of putting in PPI claims, but don't want to see this as acknowledging the debt, thus restarting the 6 years for statute barred. I assume applying for PPI refund is considered acknowledging the debt? Most of them were sold off to Debt Collectors years ago so are no longer with the original Bank/CC company. I also have one which I entered into a Tomlim Order, I think with a DCA rather than the loan company. Could I claim on this? Just looking for advice on this really, should I wait until the all the defaults have fallen off my credit report? Thanks for any help.
  3. Nothing from them or the court, defence was submitted on 3rd July. What happens now, will it just sit there forever waiting for them to do something? It comes off my CRA at the end of this month.
  4. Another (non) update. Had nothing from Arrow or Drydens regarding my CCA/CPR requests and nothing in response to my SB defence, submitted 3rd July so a month ago. Guessing they are trying to check if it's actually SB'd, before they go with the default date is the cause of action blah blah...
  5. Just a quick (non) update. Had nothing from Drydens or Arrow, other than a few weeks ago saying they are trying to get hold of requested items, CPR 31.14 and CCA and agreeing to extend the time by 2 weeks, nice of them seeing as I never asked for this. This was before I submitted my defence Nothing from court either. SB defence was submitted 3rd July, due on the 7th. I guess I just wait and see what happens. Funny how everything is a huge rush with strict dates, else you get default judgement, but they seem to be able to take as long as they like... Do they have a time limit from when I submitted my defense to actually do something. Think I read it's 14 days, but not sure where I got that from..
  6. Thanks Andy, just wondering if I am arguing against myself, they don't even know the SB defense is coming. Can you adjust a defence after it's submitted in response to anything they might say?
  7. Thanks and, I meant July... Wuuld I pre-empt there response to the SB defence, like so: 1 The Claimant's claim was issued on 06/06/2017. 2.The date last payment made was the 28/02/2011 3.The Default Noticed was issued several months after the initial breach thus the cause of action delayed and the Limitations period prolonged to 6 years plus, which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run. 4.Therefore 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. 5.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 true cause of action for breach accrued for the benefit of the Claimant. 6.The Claimant's claim to be entitled to payment of £7.5K or any other sum, or relief of any kind is denied. Or just go with the standard SB defense?
  8. Had letter from Drydens, they're trying to get hold of requested items and they agree to an extension of time by 2 weeks. Had nothing else concerning the CPR/CCA requests. The claim date was 6th June. I'm thinking I should just submit my SB defense before the cut off date which is around the 8th June? I'm sure they are going to come back with the defaulted date is the cause of action so it's not SB'd, this is a long shot, but is there anyway of checking a courts previous judgements. Just thought it would be an idea on how they're likley to go in these sort of cases...?
  9. Funny not the word I would use ;-) Oh just one more point, I stopped payments on a number of different cards at exactly the same time, they all have different dates for the default (ranging from June 2011 to October 2011). So according to some peoples interpretation of the law they all become SB at different times? Surely that can't be right. I'll keep quiet for now, until (if) they reply to the CCA/CPR requests.
  10. Nothing new to say but I've just been reading some other threads and read this: sb runs from last payment DATE NOTHING TO DO WITH dn DATE It refers to a loan, would this be different than a CC debt. Just getting a bit confused with different advice. I spoke to someone else about SB and they insist that the date runs from last payment (plus a month or so) or acknowledgement of debt and nothing to do with DN date, as above. Just seems a bit of confusing if these agencies are trying to change the law and judges go alone with them. So if, for any reason a DN was never applied to the account in question the debt would never become Statute Barred?
  11. Just had a quick read up on this BMW Vs Hart case, which seems to be where the fuzziness of cause of action / default date comes from for SB. Seems the debt was hire purchase and not applicable to credit card debt?
  12. Oh OK. Seems pointless having a SB rule and not applying it. Anyway I'll send the forms off later today, see where it goes from here.
  13. Judge Lottery? I know in some cases the judge would be making a decision based on the evidence presented, but surely when it comes to SB it either is or isn't? I've looked at my old documents and sent them a letter on 21st Mar 2011, stating I could pay £1 per month as a gesture of goodwill until I was in a better financial position, this was ignored. So I didn't bother paying it.
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