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Early last year my husband received a county court summons for £11,500 for a credit card debt sold on to a DCA. He replied and defended the action on the basis of the limited information on the summons and that he was awaiting a reply to the CCA letter sent to them on the day the summons was received. He never received a copy of the CCA, just a letter from them saying the debt was no longer enforceable and they could not proceed any further through the courts, but would he please call them to discuss a repayment plan. They also promised to forward the copy of the CCA. That was over a year ago and we are still haven’t received the CCA, but what he did not advise them was the debt would not really be statute barred until last October , three months after their letter. Move forward to now, and I have received a letter from the same DCA and they are chasing a debt for £8.250 for a card of mine. This will become statute barred in the middle of August when it will be 6 years since the last payment. I received a letter from them dated 6 April but not received until 12 April, saying if I did not contact them within 14 days they would commence legal action. My understanding of statute barred debts is they expire six years after the last payment or admission of the debt and the creditor has until this time to obtain judgement. Is this correct and can the DCA request to the courts an extension this period for the time it takes to transfer to a local court and to a hearing? The default for this will expire soon and I am l keen to keep as clean a record as possible after eight years of financial misery. I appreciate I am morally wrong but this DCA will have purchased the debt for peanuts,
Hi can someone help please? i have received a claim form on dated 15th september from Northhampton court, the claimant is Cabot Financial. They claim a large sum almost 4K - This one is old. Dated 1999. It does not show on my credit file at all. secondly a smaller amount of 1K which does show on my file and dated 2010. The second one was with vanquis but I dont recall an assignment letter from cabot. I'd like to defend the first on the grounds of statute barred. and the second on incorrect assignment on no proof of assignment. Am I on the right lines here and what do I need to next. I am concious that the clock is ticking to acknowledge service. Can someone give me a quick burst of advice please?? Thanks M
i keep on getting mithered to tick the access box on universal web site,so the adviser can see what i am doing,but i always refuse saying i like to keep my privacy. but what if i tick the box before i go to sign on.so the adviser can view it that day, then untick it when i get home,so the cant send me unwanted jobs ,would this be allowed,
Hi I was made unemployed in oct 2011 and began receiving ESA assesment rate. I was then given an appointment for Jan 2012 for Glasgow atos for capability assessment, i called to reschedule appointment as no friends or family free that day to accompany me/provide support etc and was advised a new appointment would be sent in post. I received new appointment time for April 2012 and unfortunately finally received an appointment for same time day for the psychiatrist my gp had referred me to. I was advised by Atos that If i rescheduled again my claim for ESA would end so I had to opt for the wca over my own mental health and cancelled psychiatry app and was advised new app time to arrive in post???? By April I was struggling to talk to friends, leave my bedroom never mind my house and was lost in hopelessness but with the help of my parents I attended the asesment centre and after an hour of hell waiting surrounded by people I was advised at 14.00 that unfortunately due to an unexpected high number of claimants that day they wouldn't be able to assess me that day until because they were to busy and advised atos had no option but to reimburse me for my travel expenses and sent be home....advising new appointment time to come in post in next 2 days??? I advised i would need at least 7 days between receiving app time and actual said app time to find friend or family who would be free to bring me back to assessment centre. I received an appointment 3 days prior to actual app?????? no body's free to take me and i phoned atos and explained, nice woman on phone apologised for short notice and assured new app time will arrive in post. Its now July, still no psychiatry app and still now app for assessment centre. Living off £61.00 p/w and don't have a clue what to do. who do i complain to? Will my claim stop in Oct even though ive not had assesment? please help x