Statute Barred or Not Statute Barred? That is the question.

[bushtuckerkid]

Not sure if i have posted in the right section?

 

Ok. I have a bit of an ongoing battle with Cabot and Morgan Solicitors (being dealt with in another thread).

To cut a long story short i am applying to have a ccj set aside and the lovely people at Morgans sent me a pack yesterday which is their witness statement.

Having a look through what they sent me yesterday i came accross something interesting and wonder if anyone could shed some light.

 

They included all the paperwork and statements that they have on the account in question.

The statement says the agreement was taken out on 25/05/2000. No payment was ever made to this account. Does this mean it would have become statute barred 6 years later (25/05/2006)?

They had a judgment entered on 05/07/2007 for this account, does that and payments made after this date mean that the statute barred is no longer relivant or do i have a case?

They are unable to provide an original credit agreement either.

Thanks

 

BTK

[reallymadwoman]

A debt can only be not statute barred if it is less than 6 years since you made any payment or acknowledged the debt. Once it is statute barred, it cannot be reinstated so you have good grounds to get the judgement set aside and get any money paid as a result back. The lack of the original agreement in this case is just a bonus.

[bushtuckerkid]

Hi,

 

Asked the question in another thread but had no response yet......

Do i write to Morgans advising them when it became statute barred and to cease claim.

The state also that i made a payment in 2005 do i also ask them to prove this with account and transaction details?

Am i going down the right route of writting to them or shall i save this action until my hearing?

Thanks,

 

BTK

[bushtuckerkid]

Hello Guests!

[Hardupnotfedup]

I think thaT

 

 

 

 

 

 

 

Yes ask them to prove you made that payment, how it was made etc.

You need to get that CCJ set aside, as it stands a CCJ over rides the Statued Barred, that is why they are chasing.

[Hardupnotfedup]

Don't know what happened with last post, edit button has disappeared as well:o:)

[bushtuckerkid]

Hi,

Thanks for your reply.

Do you think the CCJ would still be valid in law if the account was statute barred before the judgment was made?

Thanks

[unclebulgaria67]

Hi,

Thanks for your reply.

Do you think the CCJ would still be valid in law if the account was statute barred before the judgment was made?

Thanks

 

If you have made no payments since the account was set up in 2000 and they did not get the CCJ until 2007, then the debt is definately SB'd.

 

So the set aside is an easy one, provided the 2005 payment was not made by you. You need them to disclose the payment details. Don't wait until the hearing, get the details now. Send them a recorded delivery letter, asking them for the details of any payments to the account between 2000 and the present date. Make sure you ask for specific details e.g. method of payment, bank details sortcode/account number or credit card/debit number, name of card holder, card expiry date. If you don't ask for specific details, they might just supply a statement just showing the payment.

 

I am not sure whether you have to state which CPR you are using, when you ask them for these payment details. CPR 31.16 ?

[itsamomentintime]

you need to put them to strict proof that the payment was made by you

[Hardupnotfedup]

Why didn't you inform the court that the debt was SB at the time.

[itsamomentintime]

Why didn't you inform the court that the debt was SB at the time.

 

OP re-checked paperwork

[bushtuckerkid]

Only received the paperwork yesterday and after hours spent studying it i came across it then.

Shall i inform the court or should i wait for Morgan/ Cabot's response about payment?

I know i didnt make a payment in 2005 as i wasn't aware of it then so they have no hope of proving it!

[unclebulgaria67]

As long as you state in your set aside argument that the matter is statute barred, it is up to the other side to prove that it isn't by evidencing the payment from you.

[bushtuckerkid]

Thanks Uncle Bulgaria!