Help: Statute barred/Statutory Demand

[GmStyle]

Hi everyone,

I have lurked in this forum for a while and must congratulate all of you on alot of very useful advice, however, I now have a problem that I cant seem to form defence against by piecing threads together, and would greatly appreciate some more direct advice.

 

I like alot of people on here, got myself into a little financial trouble as a youth. With loans, overdrafts and credit cards, now this is a distant past, so distant in fact that I am sure its all statute barred.

 

My problem is that my credit report is useless as DCA's seem to be making up data/changing dates etc, and I have just recieved a statutory demand from crapquest for a credit card debt. I dont know how to respond, im sure the debts statute barred, but have no evidence but my own memory for that. But probably still need to get this set aside, but am unsure how to as the debt by description is unenforcable, and does not seem to fall into my interpretation of the criteria to get it set aside.

 

Any help/guidance would be appreciated, Thanks.

[Hardupnotfedup]

Firstly you need to get it set aside, stat barred is a complete defence.

Is the SD from B Daviis by any chance

[GmStyle]

Thanks for the fast reply, yes Barry Davis it is, had dealings with him before then?

Just wondered, Can i just state statute barred to the court without prior notification to crapquest, or should I send them the template as well?

[Hardupnotfedup]

has there been a period of 6 years during which no payment or acknowledgement of the debt has been made, 5 years in Scotland

[MONX]

Are you sure its statute barred? Have there been any CCJ's on the debt that might affect the SB status of it?

[GmStyle]

No CCJs have been issued, I have quite literally forgot about this debt since feb 2004, when i paid one payment to a debt management company, who then informed me that the first three months payments would cover there costs in which case I stopped paying and told them too do one. And my original delinquace was alot longer before that. That is the only possible money or admission they have had from me for probably 7.5 years, and that counts on the the debt managment company actually doing anything about it considering they got one payment, and were told to do one.

So I would say i am pretty much certain it is. Could the debt management company for whatever reason affect the SB status, 6.5 years ago?

[Huff&Puff]

No, as long as there is a clear period of 6 years with no payment or written acknowledgement, then it is definitely Stat Barred and nobody can change that.

[GmStyle]

Just out of curiosity, could the debt managment company, make a token payment very late out of that first and only payment, to cover there arse so to speak. Could this have been made say 6 months later, and be seen as me paying or acknowledging even thou my actions took place 6 months prior?

Sorry if it sounds confusing, just trying to cover myself.

[harrassed senior]

Is this the first communication you have had from crappy? because if so I am sure your full defence would be no knowledge of this alleged debt?

 

You could also send a CCA request which allows them 12+ 2 days to come up with an enforceable Agreement, so if they don't (probably wont) then that becomes your full set aside reason

[GmStyle]

Yeah had communication, but nothing ever happens.

They keep on saying a collector will call, and they never do, and then send me letters saying he tried and could not get me. And it has continued in such a circle for years?

How does the CCA work? would it affect statute barred status? I know it probably doesn't. And what about setting aside is there not an 18 day time limit to apply, could the cca not be cutting it close.

 

I dont mean to question and really appreciate the info, I just like to understand my position.

[Rayne]

Nothing can change a statute barred status, not even a court

[Huff&Puff]

You definitely do need to start the ball rolling on the Set Aside, that is the most important thing of all.

[harrassed senior]

A CCA request sent today would have 12 + 2 days before the Account goes into dispute, so would be cutting it fine, but it would also alert crappy that you are not going to take this 'lying down' so to speak.

[harrassed senior]

of course you could also send a LBA which could alert them to a point of panic;)