I have a Capital One credit card from pre 2007 so it is possible that they won't have a true signed agreement. This I would like to query, however on my initial and subsequent cards and statements they have mis-spelt my first name. How would this affect my case ?

its approx £1980.00 and yes Ithink its been defaulted by abbey. no CCA as yet, just been avoiding it, and offered £50 per month and they refused unless he made a down payment of £400.00, 1st Credit then sent it to Connaught, which I have found out is the same company, and I have avoided them to be honest. The last letter was saying that they were preparing court papers, so god knows what comes next.

Hi This is my first post so thank you in advance for any advice Briefly, last week I received a Statuary Demand from BWlegal and I have a genuine dispute with the creditor (errors on the credit agreement) and I also believe the debt is now stature barred. The loan was taken out in 2006 and the dispute I had with the creditor was upheld by the Financial Ombudsman. I want to apply for set aside and understand I have to fill in forms 6.4 and 6.5 but I have no legal knowledge and cannot afford a solicitor, could anyone help me with the wording for the Witness Statement? The demand was handed to me on Thursday 11th June. Thank you in advance for any help!

First time posting. I want to thank this site and everyone on it! Beginning of August I received a notice from CCBC that Lowells (via BWLegal) were beginning court proceedings against me for ~£6500 (HFC Bank loan from mid 2007, defaulted 2008). Lowell bought the debt in 2012 and re-defaulted it! I had spoken to them shortly after explaining that I had tried to renegotiate my monthly repayments with HFC but they outright refused and ignored all letters I sent their way - loan was then defaulted June 2008. Lowells apparently ignored all this and just sent bailiff threats and endless phonecalls demanding payment in full. I ignored them. So this notice of court proceedings... obviously by August 2015 the debt was statute barred for over a year. I browsed these forums and found everything I needed to issue a full defence through mcol (deny claim/claim is statute barred). Sent my request to BWLegal for them to send copies of my of my credit agreement (never received). SAR sent to HFC for all account details (received 51 days later :/). Low and behold, Lowells had no legs to stand on and today I received a Notice of Discontinuance from BW . All I need to do now is see if I can get the default removed from my credit file! So again, big thanks to this site. Don't let them get you down! -Craig

This doesn't affect me or anyone close to me personally, as all statute barred debts have been formally declared statute barred. However, I was just wondering what might happen to someone's estate, if it was the case that that they had a lot of statute barred debt and hadn't actually declared it as such? Would it make any difference? I do know that some companies tend to write off debt after a customer dies, regardless of whether it is statute barred or not, but there are no doubt always a few unscrupulous rogues about. Could they potentially claim that deceased debtors were still intending to pay their debts at the time of death? Furthermore, I get the impression that quite a few people don't bother going through the paperwork motions, after a debt becomes statute barred, so maybe this is something that could be more actively encouraged? Just some thoughts I had.

Hi, looking for a bit help if possible. I have received a County Court letter for a debt for an old Barclaycard which i cannot remember being in contact with for well over 10yrs, i'm wanting to put in a defense against it under the limitations act but not to sure as to what is the best thing to say, also not sure if i should send the claimant a letter stating the same facts. The County Court Letter is dated 27/01/2016 and i'm getting really stressed because i was told i only have 14 days to respond. Claimants are IDR Finance and the solicitors dealing with it are Kearns. Any guidance on this matter would be gratefully received , i'm just hoping i can do something about it. Thanks

Hi all In October 2009 I defaulted on an HSBC overdraft, £700 of which was charges, the other £700 ish the actual overdraft. They didn't get in touch until last year (I had previously looked in to a DRO but HSBC wouldnt confirm the details to me as it had been passed to a DCA, my circumstances then changed and I was able to negotiate the other debts I had at the time) The account was originally opened in 2005. I sent MKDP LLP a CCA request, they took a long time to respond and finally responded saying that the account was opened 'interpersonally' (whatever that means) and therefore no agreement was necessary? I've read elsewhere on the forum that pre-April 2007 CCA agreements are required or the debt is unenforcable, can anyone confirm? I now can't afford to pay this debt having exhausted my options previously; I'm begrudged to play ball with them / HSBC when there are so many charges on there and this could have been resolved years ago if they had given me the info I needed for a DRO!

letter today from Lowell offering reduction on an old catalogue debt, they said it is equivalent to charges and interest previously applied. do I accept?

I just wanted to share with you what I hope is good news. One of my sons was being pursued by Lowells for a debt that was nearly nine years old and for over £7000 .He had ignored the letters as he knew the debt was statute barred but was served with a county court summons. Using the advice given on this forum I put together a defence based on the fact the debt was statute barred . It continued through the court process up till the notice of allocation to small claims track. He then heard nothing as to whether they had paid a hearing fee for a date set later this month. Today he received a letter from Lowell's solicitor Bryan Carter serving him with a Notice of Discontinuance. I am still distrustful as to whether this is genuine but intend to visit the county court to verify this as I would hate to think this was a trick by the solicitors to stop my son attending the hearing and them getting judgement by default. I really hope that this is an end to it .

Lloyds Bank alleged I had a debt to them of about £1000. I always disputed the debt and Lloyds never took me to court. About two years ago the debt became statute barred Very shortly afterwards a company called 1st Credit, based in Redruth, started demanding I pay them the full debt. I reminded them the debt was statute barred and unenforceable. Ever since they've ignored me pestered me with phone calls and letters, all of which I've ignored. 1st Credit freely admit the debt is statute barred and unenforceable but they say they will persist in attempting to recover the debt. Can anyone tell me how to make them just give up and go away or perhaps I should continue to completely ignore them.

Hi, and firstly thanks for the great wealth of information on his site. I have received 2 claim forms in the last few weeks out of the blue, its close to the dates for statute barred on both of them. Could someone please confirm they are both statute barred as I'm a nervous wreck about them. I have just been flicking through this forum looking for statute barred templates and noticed an explanation which made me question if I'm right or wrong. I have a claim form dated issue date 30th Nov, it is with Arrow global Limited for a credit card with Sainsburys taken out in 2004. I have acknowledged online that I am going to defend and am about to go through the statute barred defence. It is extremely close to the date for the six years to be up by just a week or so, im hoping! I have a letter from Sainsburys which shows the first payment I missed was on 24th November 2009 and the last payment being made one month before this on the 24th October 2009. I havent paid or acknowledged the debt since. Is this ok as statute barred? The second claim I have received is dated issue date 11th of December 2015. It is for an MBNA credit card taken out in 2003. The last payment made was 02/12/2009. After initially checking I was relieved as I read statute barred came into effect '6 years from the date of the last payment', I just noticed the explanation linked to the word statute barred on this forum says '6 years from the payment due date'. This could mean that both are within six years as its from the date they didn't receive a payment. I know its late in the day to check but please can someone confirm if they are definitely statute barred. I havent been moving house or anything like that. I initally CCA'd them before I put the accounts into dispute and ceased payments at the time in 2009. I have all my correspondences to and from with recorded delivery stamps from the time which back up the dates I have quoted.

M&S debt (preference account) - CCA Feb 2009 which produced an unenforceable application form, no terms et c - M&S were advised with no acknowledgment of debt from last activity in Feb 2009. Defaulted by M&S Oct 2009, which fell off my credit record Oct 2015. Debt was sold on by M&S in 2012 to Marlin, whom via Restons issued a court claim dated 2 December 2015, for the full amount. Sum is a little over £5k and is the same amount that the account was defaulted for back in 2009. I received the papers on 4 December 2015, I immediately acknowledged via MCOS, AOS submitted 4 Dec 2015 stating I intended to fully defend the claim. I intend to defend on basis the claim is statue barred - but need some help from you guys on how to construct and phrase my defence. Any and all comments and help greatly appreciated. Abby x

Hi, I would greatly appreciate help with a defence. Below is a summary of what has transpired: Contacted by solicitor about an old, pre 2007 debt with Ambrose Wilson. This debt is believed to be possibly not legitimate or alternatively possibly Statue Barred. However, to be 100% sure, CCA request sent and proof of delivery of letter obtained. No response to CCA request at all, not even an acknowledgement. Further request for payment / threats of court received whilst I was out of the country. Received court papers from court, again, whilst I was out of the country. Acknowledged with intention to defend. My current thinking is that the fact that the CCA request has not been complied with makes it impossible to submit a full defence, which would likely be a Statue Barred defence. Also, as I have no response to the CCA request, the alleged debt is not enforceable. Does this sound sensible? Help with defence and wording would be greatly received - I need to submit by the 16th. I've done lots of reading but this is the first time I've actually defended a claim! Thanks! Kind regards rune

I owe money to several creditors to which i make regular payments to when they have confirmed they owe the debt etc etc and i know who im paying is correct, but im having problems with MBNA/Connaught/1st credit ....The steps i have taken are below and can anyone confirm the next step for me please; ----------------------------------------------------------------------------------------------------------------------------------------------------------------- 03 April 2010 - Sent CCA Request/Do not acknoweldge debt 24 May 2010 - Statutory Demand Issued 25 May 2010 - Sent 2nd request as above 28 May 2010 - Letter received confirming my request for CCA on the 25th May 2010 saying take longer than 12 days 22 June 2010 - Statutory Demand Set Aside Confirmed due to no cca provided 30 June 2010 - Sent template letter saying "Account in Dispute" 05 July 2010 - Letter received confirming my 2nd letter and that they are yet to supply information and saying not valid request as falls under Schedule 2 section 2(a) of this Act, or grounds upon i rely on the notice 20 December 2010 - Documents received from Connaught and requesting payment in 7 days. Faint copy which says “Credit card agreement regulated by consumer credit act 1974” your lender is MBNA bank. Also copies of weekly statements 26th April 2006,20th April 2006,22nd March 2006. Also what looks like internal banking statements headed " A&L CONVSN REG MONEYBAC" showing transactions 04 January 2011 - Hassling for payment as saying paperwork sent 12 January 2011 - As above but saying any payment made will be doubled by them Recent - Mackenzie Hall and J&P solicitors letters demanding payment in full ------------------------------------------------------------------------------------------------------------------------------------------------- Can i have some guidance please in the next step for me, i realise they have took longer than allowed to provide documentation but i have left it longer than 6 months to complain but i just want to set up and agree payments i can afford if they are the right people to pay. Thanks again

Hi Everyone Would really appreciate some help with this matter. About a week ago I received a claim form from Northampton County Court originally dated 22 May 2015. The reason I only received it now is because I have recently moved and despite setting up a redirection service with Royal Mail, this letter was delivered to my previous address. The particulars of claim on the claim form are as follows: 1. The Defendant entered into a credit agreement by the original creditor as Capital One Bank (Europe) - credit card and having account number xxxx ("the account) 2. The Claimant, a UK Limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original owner of all rights previously enjoyed by the original creditor in respect of the account. 3. The defendant in indebted to the claimant is respect of the account in the sum of 1246.58 4. The Claimant claims the said sum of 1246.58, plus costs The Claimant on however is down as Cabot Financial UK Limited and the solicitor I guess is Weightmans LLP I have done the following: 1. Submitted acknowledgement of service on 25/06/2015 2. Submitted a request for extension to file a defence to the court due to the claim form being delivered to the wrong address on 29/06/2015 3. Sent a standard statute barred letter to Cabot Financial services via recorded delivery, cc'ing Weightmans on the 25/06/2015 4. Sent a standard CPR 31.14 letter to Weightmans, cc'ing Cabot on the 25/06/2015 To my knowledge, I have not made any payments or had any correspondence regarding this debt in at least the last 6 years although it could be closer to 10 years. I received a letter back from Weightmans dated 29/06/2015 stating the following: In response to your Civil Procedure Rules (CPR) 31.14 request, we advise you that this claim is likely to be allocated to the small claims track. Under the CPR, for which we enclose a copy of Part 27 CPR for your perusal, you will note that CPR 31 does not apply to the smalls claims track. As such, should you proceed to make an application on the basis of CPR 31, we hereby put you on notice that we will defend such an application and will seek our costs of doing so at the hearing. Please note that once directions have been provided by the Court to take the matter to trial, a deadline will then be provided for the partied to disclose all documents which they will seek to rely on at trail, which are likely to include some, in not all, of the documents listed above. You will therefore be in receipt of all documents relied upon in advance of any subsequent trial. With regard to both your CPR 31 request and your argument that the debt is statute barred, should you with to defend this claim to trial you must fine a defence to proceedings, in accordance with CPR 15.2. As you will be aware , the specified time for you to file you defence has expired. This said our client is willing to provide you with an extension of 14 days. Please ensure you notify the court of the same, in writing, in accordance with CPR 15.5 In the event that you fail to do so, our client could request a default judgement be entered against you pursuant to CPR 15.3 and CPR 12.3 Please note, in the event that you fail to file a defence within the specified time period, resulting in our client obtaining a default judgement against you which you later seek to have set aside, we will draw the contents of the correspondence to the Court's attention bot in opposition of your application to have the default judgement set aside and on the issue of costs. My question is what do I do now? I don't have any documentation for this account any longer (if it was even mine!). Do I file a defence as they say I should and wait to see what documentation they have.... Any help with this would be greatly appreciated. Thank you Stefanie

Yesterday I began receiving phone calls from a 0203 number, which turns out to be PRA Group Debt Collectors (Aktiv Kapitol). They are now bombarding me with calls (even the number is on auto reject) and automated voice mails requesting I call them. I used to have dealings with Aktiv over an old HSBC debt which passed in statute bared status over a year ago (if not longer). I won't answer these calls and will only deal with them in writing (if I have to contact them at all) but other than that what can I do? I am unable to pay off the debt (and it is unlikely I ever will be able to) and to be honest I thought I had put the days of being chased by DCA's behind me. Also, why start bothering me now when I have had no contact with Aktiv for years (save for an account statement last year)? The debt is no longer on any credit file (I check all of them religiously) although I am worried they will try to [problem] me in some way. Any advice? Thanks in advance.

Hey this is my first thread but i've been following closely in the background for a long while. I'm not sure if this should go here or the scottish debt forum :/ Hbos have a default registered on my current account dating back to an alleged debt that was last acknowledged in October of 2009 by way of a transaction by myself. I had forgot all about this until recently when I checked my credit report on Noddle so in response knowing the age of the account I fired off the template provided on here for debts affected by scottish law. In response I received this back: I therefore raised a complaint to the Financial Ombudsman outlining the same complaint and informing them of the response and failure to comply with the relevant legislation/financial guidance. This was the response from the ombudsman: So rather than appealing via the ombudsman, following their failure to make a decision based on the actual complaint of hbos pursuing a statute barred debt I emailed a complaint to Antonio Horta-Osorio(CEO). To which I received the following reply: So I'm kinda lost and not sure where I go from here... any help would be appreciated.

Date of claim: 27 May 2015 What is the claim for – Claimants claim is for sum of 51xx being monies due from the defendant to the claimant under an agreement regulated by the Consumer Credit Act 1974 between the defendant and Coop under account ref xxxx/xxxxxx and assigned to the claimant on 08/01/2013 notice of which has been given to the defendant. The defendant failed to make contractual repayment under the terms of the agreement and a default notice has been issued which has not been complied with. What is the value of the claim? £6k + Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Loan account When did you enter into the original agreement before or after 2007? Before 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 (via solicitor) Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, don't remember receiving NOA but would assume this has been sent Did you receive a Default Notice from the original creditor? Yes, dated 28 April 2009 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I am aware of Why did you cease payments? Advised by Citizens advice, made an offer to pay non priority debts in Dec 2007 the offer was rejected by original claimant and no further payments made as I had priority debts to pay What was the date of your last payment? Some time before Dec 2007 (at least 6 months before) Was there a dispute with the original creditor that remains unresolved? As above really, the account had gone into arrears and despite making offers to pay it was rejected Did you communicate any financial problems to the original credito r and make any attempt to enter into a debt management plan? Yes, via CAB in Dec 2007 Acknowledgement of service was submitted on 02/06/2015 and I will send CPR 31.14 request today (see my next post below) I wrote to Claimant on 16 April 2015 as letter arrived out of the blue using statute barred template, they responded on 24 April. 'Our clients position is that the limitation period runs from the date original creditor became entitled to demand payment. The account fell into default on 03 July 2009, therefore it is not statute barred and remains payable' I have (as above) default notice issued via original creditor dated 28 April 2009 (with a date of 12 May 2009 arrears to be cleared) this letter makes mention of 'termination' which I would understand would be from 12 May 2009 but may this not be the case. Is it the claimants argument that the date they mention above would be default notice + say 28/30 days then termination date plus 28/30 days? That is the only way I can get the dates to tally? I have also letters from CAB showing an offer to pay arrears was made in Dec 2007 would argue that my account was probably in default at this time but I only have the above at the moment. as I understand it this is going to hinge over a 4 month period (if the 2009 dates are used) but it seems this is statute barred, what are others thoughts. This would be the basis of any defence which I hope to make. Regards

Hi all, although its a much discussed topic "Statute Barred" I'd thought I share some recent communication between myself and ecashwindow otherwise known as Early Pay Pay Loans. A month or so ago I received an email from ecashwindow stating that a CCJ was "being" issued at my home address. without acnowledging anything I responded to the email with "You will need to send me copies of any signed paperwork and documents relating to the suggested loan I have with you. Sending me threatening emails suggesting court action will not prompt me to make any payments unless you can provide the requested information". Then yesterday I received the same threatening email and replied with the same response. I at no time sent in a letter with any personal details or form of payment requesting hard copies. But I did get a response on email from them with a copy of a loan agreement with all my personal details on it. However the loan was from 2008 and defaulted in 2008 so it is now statute barred. So they are being hopeful of getting the payment with threatening emails. I guess what I am trying to say is for anyone being chased by this company be sure that you ave all the facts in place before you think about making any payment. It is just scare tactics. I am also seeking advice from the people that know on this site. The email they sent me yesterday contained personsal information such as; Full name and address Full bank name, account number and sort code Bare in mind I have not confirmed who I am or agreed that the loan was mine, so surely they are breaking some kind of data protection by sending out personal details such as this . If they are then I will need help in building a case against them.

I had a Monument Credit Card and was receiving statements from them on a monthly basis. At the beginning of this year they passed the debt on to a DC who I wrote to and claimed the debt is Statute Barred (it was over 7 years since last payment had been made and I live in Scotland anyway). I haven't heard from the DC since (about 3 months now) Last month monument sent me a letter asking if I wanted to claim PBP, as I am disabled and was unable to work when I took the credit card out, I sent them an email to stake my claim on the 9th Sept which they have acknowledged. Can they offset any PBP against a statute barred debt and send it to the DC?? Im pretty sure they said the debt had been sold to Capquest. All advise is welcome

Hi All I have an account with an outstanding balance still owing which is now status barred as it is 6 years since I last made a payment , I originally CCA the original solicitor for the bank whom stated they could not located the CCA so the account remained in dispute, about two years later they then sold it to a DCA to which I wrote to them stating that the account was still in dispute with the original solicitor for the bank as they could not locate my CCA and sent the DCA copies of the letters I'd sent to banks solicitor and their reply so I was a bit perplexed as to how they could sell it on when it was still in dispute. another two years pasts by and then out of the blue I received another letter from the DCA stating they now owned the debt and asking for my proposals for payment, again I sent them the same reply as before as regards the account being in dispute or to provide a cca to which I have heard nothing since. Question is I know full well that I had a good amount of PPI attached to this loan but would I be implicating myself by putting in a claim for PPI or does the status barred scenario only take into account when the last payment was made and therefore not implicate me for applying for PPI on the account I also had allot more loans with this bank with ppi which I paid up in full, but I don't want to rock the boat if this will null and void the status barred ruling on the account that was still outstanding and leave the door open for the DCA to be able to reopen the case as I have heard that if you contact the bank regarding PPI if any of the accounts have been sold to a DCA they contact them! Any thoughts please. Tinks

Hopefully this will be the right thread as is a general CCJ question: I had a CCJ placed on me on 10/09/09 by an architect who had done some plans which I had paid him for. He then decided business was tough and invoiced me for additional £3k fees - which I refused to pay as had already paid the agreed £3.5k invoice. Thought nothing more about it, heard nothing else about it until July 2014 when received a letter and an email from Lombard Legal claiming they were acting for the architect. Brilliantly the letter and email both had different amounts owing - a total of £1800! I ignored the letters and again forgot all about it, Lombard Legal didn't and then in November 2014 I got an email and a call - followed 45 minutes later by a visit from 2'Lombard Agents' coming "to collect what I owed their client". The agents and the company are currently part of a Merseyside police investigation and so again I thought nothing else of it. Then last Saturday I received a letter (dated 14/09/15) from my old friends at Redwoods saying they were acting for the architect and were pursuing the debt that I had to pay to them. This was followed by a letter received yesterday from their side kicks CW Harwood saying I had to pay Redwoods or all sorts of actions could be taken - including County Court proceedings being issued where a judgment could be awarded against me. Just taking a breath and thinking about this logically thought first action would be this post to get the thoughts because from what I can see the judgment was 10th September 2009 and this action is earliest 14th September 2015 - so over 6 years. My questions are: 1) has it become statute barred? 2) if not why not? 3) if so do I need to write to them or the courts etc? 4) Is there a type/template of that sort of letter? 5) what else should I be doing? I am hoping that my thoughts are correct but not sure - hence help request! Thanks

Hi everyone some help if possible Barclays Credit Card debt default date on my credit file 11/02/2010 i believe the default date to be 30/08/2009 as on that date i received a letters from mercers debt collections limited stating they were dealing with me on behalf of barclays... how can i 100% make sure this is correct? and deal with it? also on my credit file i have 2 entries for the same default from a lloyds overdraft one from lloyds the other from lowell how can i sort this? cheers actually i have just found a letter from mercers stating the following IMPORTANT - YOU SHOULD READ THIS CAREFULLY Default notice served under section 87(i) of the consumer credit act 1974 dated 21/08/2009

Hi guys, Been a while. I'm helping a friend with this. He's received a court claim form from Cabot regarding a Vanquis credit card that was defaulted back in 2008. Surely thay cant proceed as its statute barred under the limitations act? How do we go forward? Do we submit a defence on the grounds of it being Statute Barred. Or do we defend by disputing the debt then put in an application to strike it out due to it being Statute Barred? Not sure if this makes any difference... He was a sole trader when he took the card out. He was a sole trader when the default notice was issued. He's not serviced the debt since 2008. He's now formed a LTD company and they have put this on the form along with his Company number. Does that make any difference? In hope. Toxic

I'm sure I saw it on here but can't find it. My partner had a letter from Welcome Finance (MKDP) saying she owed over £4,0000. It was statute barred which, with the help of the Ombudsman, they eventually agreed. However, we just saw that the 'debt' appears on her Experian credit score! Is this legal? We've just emailed the Ombudsman again to ask advice on how to get this b/s off of her credit score.