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  1. Could someone let me know exactly when a statute barred timer starts with student loan defer? Is 6yrs started when the defer finished or when it was asked for? Also I've noticed when searching for answers a recent "Doyle v PRA Group ruling" in Jan19 for statute barred debt. Does that affect old student loans? Anyone knowledgeable on this? Can't find a clear answer elsewhere atm For my situation statute bared would be latter part of this year unless that new ruling has any effect. In the meantime drydens have sent some requesated documents following a pap (even though the ones sent have their own issues imo). But my next responses if required,will at least depend on greater knowledge of the s/b situation .Thanks to anyone with any real info in this area.
  2. Evening, I recently obtained my credit file from noodle and found A CCJ from 2014 on my account (genuinely don't recall this). Did some digging and it was for a capital one credit card back in 2012. I sent a CCA request to BWLegal who provided me with a copy of the agreement and a statement. Here is the details below; Account Opened - September 2011 Last Payment Made By Me - April 2012 CCJ Registered - August 2014 I have had nothing to do with this Credit Card since my last payment to it in 2012. The balance is relatively small. What are my options. Would this not be class as statue barred or does the CCJ cancel that out? Thanks in advance
  3. Hi all, Some help and advice would be amazing on this! I have a defaulted payday loan with Instant Cash/PayDay Uk which is now owned by Prac/BW Legal. The account started on 10/01/2012 and the default occurred on 1/7/2012. I did not make a payment at all towards this or respond to any letters or phone calls. As you can see this debt is very close to being statue barred, if not already. I went through some old documents and discovered a letter of claim from Prac/BW Legal for this debt. This was sent to my current address (which was different from the address on the account, so they know where I am) on 24/10/17 with a reply needed by 28/11/17. I foolishly put this in with the other few letters I have received over the months which I assumed were bog standard debt letters. I did not reply to this in any way. Where do I stand? I havent heard anything since. Nothing from the court. Nothing on my credit file and its 6-7 months past the deadline set by the letter? What should I do? What I'm hoping is that they missed the chance to get it to the court before it became statue barred? As, if I'm right in my thinking I never made a contractual payment then the 'cause of action' would be the first missed payment, and the debt becomes statute barred 6 years after that. Which would be around the Jan/Feb time of 2018? Thanks all
  4. Hey, Got a bit of a strange one here - I have today received a green letter from Lowell Solicitors saying that I have not paid the £50 instalment on a CCJ they have obtained on a VERY old Orange mobile phone account. This is the first letter I have ever received about this naturally, it made me check my credit file where low and behold - a CCJ has been placed under my old address (not lived there in almost 7 years). This letter says that I have got until the 11th December to make the £50 payment or they will recommend enforcement action. My issues are as follows. 1) This is the first thing that I have heard about this (genuinely) and did have an old Orange account at my old address back in 2008 after falling on hard times. No payments have been made on that account since we moved in Feb 2011 and I have not knowledged anything. 2) The CCJ which was obtained in Oct 2017 is under my old address so does that mean that any papers I would have needed to see for challenging etc have gone to that address? 3) Can a CCJ be obtained and enforced on a statute barred debt? Hopefully, someone can help me out here and give me some advice. Cheers Scott
  5. Hi I have received a claim from Northampton County court business center, for a debt I am certain is statute barred as after checking my credit report online the last payment I allegedly made was in June 2009 I say allegedly as I was unemployed at the time and had been for 6 months, hence why payments had stopped. The debt was on a Barclaycard which had payment protection on, I contacted Barclays when I was made redundant to ask them to stop the interest and make a claim on the payment protection, they refused both of these requests and asked me to phone their insurance service based in Dublin. XI did not do this as I thought it excessive that I should pay for phone calls to Dublin etc as the card was taken out in my local branch of Barclays. I have not made any payments or had any contact with Barclays or any DCA since 2009. This is the wording of the court documnent Particulars of Claim The claim is for the sum of £2617.45 in respect to monies owing under an Agreement with the account no. xx.xx pursuant to The Consumer Credit Act 1974 (CCA) The debt was legally assigned to MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served. The Defendant has failed to make contractual payments under the terms of this agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA. The Claiment claims 1. The sum of £2617.45 2 Interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from 20/07/11 to the date hereof 2027 days is the sum of £1162.89 3. Future interest accruing at the daily rate of £ .57 4. Costs Questions I have on this are why is the date stated as 20/07/11, I 100% did not contact or acknoledge this debt after June 2009. I have no idea who MKDP LLP are. Would sending in my defence to the court be a statute barred one, or just acknowledge the service and ask for evidence from the claimant which seems to be a different company to whoever MKDP are. They are listed on the court letter as Hoist Portfolio from Jersey, and Howard Cohen and Co who I think are solicitors. Any Advice would be greatly appreciated Rob BTW I have 4 days to reply to the court
  6. I was 20 when Halifax said hey, fancy a £10k overdraft limit and a £7,000 loan at a large APR. Stupidly I said yes. I tried to keep up, but failed. We're 11 years down the line, the debt has passed around from place to place. I moved a few times, they chased, but I never answered a single letter or phone call. 2013 it went to Arrow global, after that I found letters from capquest offering negotiations, Arrow again seemingly, then a month ago Blake and Morgan claim to have purchased the debt and asked me how much money I earn. I ignored and today received a county court claim form. First thing I did was ring the national debtline, who said I should ring blake and morgan asking for a statement of accounts and when the last payment was made. I did that. I apparently made a payment to the account early May 2012, they said this was most likely to Arrow as they had the account at the time, afterwards I found paperwork which said Arrow purchased the account in 2013, so this apparent payment can't of been to them. Morgan said the account is on hold for 30 days for the moment, and I was about to send a formal letter asking for the statement of accounts tomorrow when google led me here. Looking through my old bank statements, the last payment that went into that account was September 2010, nothing else went in, after that I stopped using the account as it was minus a large amount. I have statements up to Feb 2011 clarifying this. I can only assume I don't have any statements after this because the account was closed for no activity and being minus 10k. There is definitely no way I have made this payment in May 2012, the account should have been long shut. I rang Halifax to confirm when the account was shut and after very nearly getting the information I need the call mysteriously hung up and when I rang back the other woman I spoke to said they can't give me the information. Any advice would be much appreciated.
  7. Question regarding Statue Barred If you have been overpaying on a unsecured loan and then stop paying, but because you have been overpaying you have built up a reserve balance of money which then continues to service the accounts minimum payments for the next 6 months. When is the statue barred date? e.g. Physically stopped paying money into the account August, but the minimum repayments were being serviced by the overpayments balance till March the following year. Also can someone confirm (as I have seen conflicting information on various websites) is it SB from the last payment or the default date? I have always believed it was from when the last time payment was made on the account, granted the default date will generally be well after the last payment (provided you not reset the clock by paying again) so if you get past this date you know your 100% in the clear.
  8. I have a qestion one of my friends have recieved a letter stating Baliffs will attend in 14 days to remove property for a very old debt from HSBC which was sold on to PRA Group Ltd. After checking her credit file a CCJ was issued against her for her debt by PRA Group Ltd in Oct 2016. The thing is the debt was Statute Barred when the CCJ was issued so surely it is not enforcible, any suggestions on how to proceed would be greatfully received.
  9. Hi all I have received a claim form from Restons Solicitors on behalf of arrow global for a debt from 2003. Arrow say they purchased it in 2011 and I remember a claim form from them in 2012 with Bryan Carter. I'm pretty sure it's the same alleged debt but it was statute barred in 2012 it still is now. This debt is 14 years old. They've tried before it's no different now. I've asked them for the prove it and also made my defence of statue barred. I just wanted to know, can they keep filing claim forms with Northampton county court? or is this harassment because arrow has already been told once that it's statute barred. Thanks in advance
  10. Hi, I'm in am unusual position, I think. Back in 2003 I had a cracking salary and mega limits on my credit cards (46k) I was made redundant after I became mentally unwell and so went back to uni. I *asked* the credit card companies to reduce my limits (not wanting to get rid of my cards altogether) but they refused. Point blank refused. Later that year I became ill again and was diagnosed with bipolar. I managed to spend £21,000 in 3 months, with very little to show for it (or take back!) The banks refused to help. I paid back just under 1/2. I now have a limited income and only really my benefits to live on. I stopped paying when CCCS went under. I was given a CCJ in absentia. On one of the debts. Another, who CCCS weren't actually paying off, are continually chasing me. They seem to have now passed it on to Restons solicitors. I know they *can* apply for a CCJ. But if I don't contact them, will the debt be statute barred after 6 years, which is 6/2018. What is the best thing to do? I'm usually an upstanding citizen. But - I can't afford to pay anything, I didn't run up the debt other than as part of my illness, and the banks refused to lower my limits! I think after 14 years I need a life I can live and keep well - depression being a major problem. I just live within my means. I had paid a huge amount off all the debts, before I joined CCCS. They've had their pound of flesh, so to speak. Can I now hold on for the remaining 14 months for statute barring, given a solicitor is involved??? Or has anyone else any helpful advice? I just long to be the responsible person I am without this cloud hanging over me. Thanks.
  11. Hello Long time lurker who now has to step out of the shadows and is requesting help please Long story short I have various debts that due to breaking up with a partner and being made homeless and leaving the house with just the clothes on my back i could not afford to pay. This was in September 2008 and at that point I stopped paying all of my monthly payments because i simply couldn't afford them. I have not paid or acknowledged any of the debt since then but up until that point i had made the appropriate payments to the accounts as per the agreements. I have received loads of letters over the years about various debts from DCA's and filed them where they belong in the bin but unfortunately my new wife found the most recent one and got into a panic about it not knowing the rules on these things. So to allay her fears and knowing that everything should be SB from that time i (foolishly) sent the DCA the standard statute barred letter (sent recorded and signed for).. .. and recently received a response from them saying "Under the limitations act 1980 a creditor has six years to pursue for most unsecured unpaid debts. The limitation period starts from the time of your last payment or acknowledgement of the debt, not the total length you have been making the payments. The account was taken out on July 2007 and later defaulted on 28 December 2010 due to non payment. The above balance still remains outstanding as this is not statue barred so please contact us to arrange payment. If no response is received a claim form may be issued incurring costs. If you do not respond to the claim we may apply for a county court judgement....." Now I know for a fact nothing was paid or acknowledged in this time from me stopping paying my normal payments till the adding of the default to my credit file over 2 years later. As per usual with DCA letters i decided to call their bluff on this correspondence.... unfortunately yesterday i get a letter from Northampton County Court saying that they have applied for a CCJ and the relevant forms for me to fill in and send back, the date on the court letter is the 29th September 2016. Now in my mind i have narrowed the debt down to either a laptop or a sofa that was taken out on finance. The amount sounds more in line with the laptop i brought but that was through HFC who i know sold various debts but im not sure who to. The original debtor on the DCA letter is described as creation finance which is who i took the sofa finance out with but the amount seems to low to me for it to be the sofa.... as stated i know for a fact that i have not made payments for these items and hadnt paid any funds in front for it not to be defaulted for a further 2 and a bit years. What has really put doubt in my mind is the long delay on adding the default to my credit file (which i havent checked). But its such a poignant date and time of my life for me not to remember exactly when it was, even now.. .. unfortunately i have no access to the bank accounts i had back then to confirm when i stopped paying. So to the great people and contributors of the consumer action group i ask what you recommend i do from here please. . obviously i want to defend the CCJ as i feel it is statue barred but i have no proof other than my word that i know its statue barred... Should i call Creation finance and try to find out what the original payment dates were? Will a straight defence on the court forms be that i know it is statue barred be sufficient?...... Should i send the acknowledgement of service to buy me the time to decide what to do? I am fully prepared to attend court if needs be to argue this but would like to request that it is moved to a court closer to me as Northampton is an hour and a half drive away is this doable? Please help and thanks in advance.
  12. Hi I received a letter last week from Mortimer Clarke regarding an old debt from 2005/6, it was an overdraft. I replied stating this debt was statute barred I have now received another letter stating that last payment was made on December 2014. This is absolutely not true. I have never made any payment towards this and certainly not in 2014. What do I now? How can I prove this?
  13. Hi All, Need some Advice please from you knowledgeable bunch. Back in Sept 2007 I defaulted and stopped my payments on an Argos Store Card which i had due to financial issues, I had the usual debt collection letters for approx 1 year which i ignored and made no payments on due to not being able to. The default was registered on my Credit File as Nov 2007 and disappeared off my file in Nov 2013, by which time the debt was Statue Barred, During this time no contact was made with any DCA and NO payments were made to the account, and none have been made since. To my shock, last month i received a letter from a DCA stating that the amount was still owed (Approx £1200) and that i should contact them to make payment, I sent them a letter stating that the debt was statue barred since no payments were made since Sept 2007 and no acknowledgement has been made of the debt. They have now written back to me stating that the debt is NOT statue barred, they have confirmed that they have owned the account since 2009 and that in 2010 they claim i made 7 payments of £15, hence taking away the statue of limitations, they have provide a spreadsheet showing the payments and dates of payments. I know for a Fact that i made no payments and have just requested old bank statements from 2010 which prove that i have made no payments equalling these amounts on the dates they have stated. They have not sent any copies of agreements or letters of assignment. Not sure now how to reply to them on this as they state legal action will follow if I don't contact them and arrange payment. Any advice for me please ??? As trying to put my bad past behind me. Thanks
  14. Hi Would like some advice about 2 loans that I took out in 2005 with egg to consolidate credit cards, car purchase etc after getting a mortgage in 2004. Both loans were for just under £25k each and it was more or less implied that if I took out PPI that the loans would be easier to be accepted for and that I would be able to claim if I was not able to work for any reason even though I was self employed. Roll onto end of 2008 where my ex wife and I started having relationship problems and I started struggling to make the repayments but feeling that I had a duty to repay I struggled on trying to keep the repayments up to date even when I could not carry on working at the end of 2009 when I became a single parent. By March/April 2010 I could not make the payments so the loans went into default officially. I spent the next 6 years struggling to bring up my kids as a single parent and have been chased to repay the loans via lots of different debt collection companies but was never in the position to pay anything So now in 2016 the loans have both been removed from my credit report (such a relief as can start rebuilding my credit worthiness). I did receive a questionnaire for both loans from Canada Square Operations in 2013 about my PPI but because of my financial situation I just filed them as I was worried that it was a ploy to get me to pay money to them that I could not afford. It does state in the covering letter that they that the loans where now being administered by Britannica Recoveries but does not say the debt had been sold to them. It also lists the reasons that they think I would be entitled to a refund for and they are for it being implied that by taking PPI I would get the loans and that when self employed I could only claim if I could not work at all. My question is would it be worthwhile sending in the questionnaire now to apply for a refund. Many thanks in advance Allister
  15. Hi, I just learnt that the Legal Service Commission was closed on 01 April 2013, so what happens to the Statue Charge they had put on my property. They have not demanded anything from me in past, but I made some payments in July 2012. Does the debt move to new Legal Aid Agency? Or could the charge be removed from the Land Registry? Any information regarding this will be much appreciated.
  16. Evening all, Don't know if this is posted in the right section, but here goes. I haven't acknowledged / made payments to any of my debts ( unsecured ) since Sept/Oct 2007. I am not on the voters roll and have not been since I left my house in Sept 2007. My father has just rang me to say that their is a letter for me ( 1st letter in 2/3 years to his address), which I asked him to open. Its from Lowell Portfolio to inform me that HSBC and HFC have sold my bank accounts to them. I am assuming that these debts are ( or very very near ) statue barred, but from what I understand they cant be SB if a CCJ was registered somewhere along the way. Is there any way I can check for CCJ's against me without setting off alarm bells? Also whats the best way to get confirmation that these debts/other debts are now SB? Thank
  17. 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
  18. 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
  19. 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
  20. Hi, quick background, I am being hassled from Cabot for a debt that is is over 10 years old and nothing has been paid for 8 years. During this time I lived in America and had totally forgetten the debt. I returned to the UK in December2014, after losing my Father, and am now my 91 year olds Mothers very sick full time carer. Even if this debt is still live I am only on Carers allowance and have no means to pay it. Cabot would call daily hassling my mother, and me, and sending letters weekly. We dont engage with them, other than the once when I told them this is Statue barred as its over 8 years old with no activity. Over the weekend I got a letter via a Solicitor enclosed with a county court claim form telling me I have 14 days to return it. asking if I wish to contest the claim etc. The 'debt' is only 1,400. The covering letter said, " the agreement dated 30/9/2005, with welcome finance, terminated on 1/1/2012, the debt was assigned to cabot on 4/11/2014. You have alledged that the claim is SB. Section 5 of the lilitation act1980 provides that an action founded on simple contract shall not be brought after the expiration of 6 years. We are instructed that the cause of action accured. We are instructed that the cause of action accrued when the agreement was terminated on 1/1/2012. Therefore proceedings were issued within the 6 year lilitation period. ( it goes on a bit after that about replying etc) I have know idea what they are talking about in regards to "being terminated" or "cause of action" in 2012, as I said I was in America for 8 years blissfully unaware of this debt during this time. I had long forgooten it, no payments have been paid for well over 8 years, and no contact by either party etc. My question is how should I contest this, if at all. Thanks in advance of all your help.
  21. I brought a car from honda in may 2004, it was a a ex show room car, and I was offered £1000 off the price of the car . How ever Honda finance increased their interest rate from 11.9% to 12.9% to get the cash back from the £1000 discount from the car. Also the copy of the consumer credit agreement I was given is unsigned by honda finance , so would i be correct in that its a unenforcable CCA cheekyone
  22. [ATTACH=CONFIG]56956[/ATTACH]Hi there, This is my first post here. Firstly, I live in Scotland and know that after 5 years a debt is statue barred and after 6 years it drops off your credit report. Six and a half years ago I had a 2nd job as an Ann Summers Party Rep. I didn't pay off the rest of my account with them when I finished parties in Nov 2008. Now this company has started to chase me for the money. This account has NEVER shown on any of my credit reports. I received first letter and as I knew it was over the time frame, I replied with the statue barred letter from this website. I today received another letter acknowledging my letter and they have asked me to confirm details with them. What should I do next? I have attached the letters Thanks for any help.
  23. If a debt has been statue barred and the creditor has agreed this, how long do I need to keep all the paperwork regarding the debt. I have mountains of paper and would like to shed/burn it. Thank you
  24. Hi Can anyone help me please, I am being chased by solicitors on behalf of cabot for a debt that I know is stature Barred because I have had no contact with or made any payments for over 6 years I have sent them the stature barred letter but they have come back to me saying it is not stature barred because the agreement was terminated on 12.4.2013? The original company was Welcome Finance who appears to have sold the debt to Cabot, all of this without my knowledge, but never the less I still standby the debt being stature barred. Can anyone advise me what they are talking about with regard to it not being stature barred because of termination of the debt. I am very confused by all of this, and it appears that they are going to court on this basis. Thanks Dave
  25. Due to him losing his job my husband is 2 months behind with the payments for the car to welcome finance. First they bombard us with phone calls-and are still doing so despite us sending 2 letters telling them not to phone. The today a girl from welcome phoned and said unless the payment was made immediately then they will come and get the car and if necessary get the police involved. Can they take the car without a court order?
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