Turnball Rutherford Solicitors have just delivered a Stat Demand for Statute Barred Debt** DISCONTINUED**

[Hants38]

How can it not be SB if I know that I paid in either Dec 2004 or Jan 2005????

 

Even Jan 2005 would be SB as Jan 2011 is six years and the CCJ was awarded in June this year 6 years and 5 months on???

 

Am I wrong in assuming it is statute barred then. I know for a fact I have not paid anything since this period 2004/2005 and definately no later than the January of 2005.

 

Sorry but getting really concerned again

[coledog]

That would make it SB but do try and get confirmation from Barclay's

[lilly white]

just looking......... i will help when needed....... LW

[broken arrow]

Hants, follow our instructions and all should be well. Phone Barclaycard and find out last payment date, who sold to and when.Phone court get copy of N1 and N24.Ask court the claim and Judgement amount.

[DonkeyB]

According to the Stat demand HFO Capital Limited bought the debt on the 31st January 2008, off of HFO Cayman who bought the original debt on 14th June 2007 from Morgan Stanley. I stopped paying Morgan stanley in either December 2005 or Jan 2006 am trying to dig out some old paper work on this.

 

The Stat Demand is from HFO Capital Limited

 

Thanks again everyone

 

Er, according to you, you last made payment in December 2005 or January 2006. That is what you posted.

 

Pardon me, but it is NOT SB in that case. Make yer bloody mind up.

[broken arrow]

Hants your account was bought same date as mine, I made my last payment early 2006, I was defaulted Sept 2006, I would guess yours is not SB.

[DonkeyB]

I feel a theory coming on as to why they have gone SD route rather than enforcement. Part claim, perhaps, so could only enforce for a small amount? Will discuss with the fan club.

[DonkeyB]

Hants, forget the SB issue for now – there are more important things to find out. Call Northampton at 8am Monday and find out these things:

 

(1) The address the claim was sent to

(2) When it was issued

(3) The particulars of claim, if they'll tell you

(4) The total amount of the claim.

 

Request a copy of the claim form.

 

Number 1 and 4 are possibly the most important facts you need for now.

[DonkeyB]

Especially number 4.

[Hants38]

Er, according to you, you last made payment in December 2005 or January 2006. That is what you posted.

 

Pardon me, but it is NOT SB in that case. Make yer bloody mind up.

 

Sorry definately 2004 or Jan 2005 , typo on the years. bit panicked thats all

[DonkeyB]

Well, find your evidence, quick. You're past they stage where they have to prove it's not SB. We have to deal with provable facts, I'm afraid – not guesswork! Can you prove this?

 

To get a set aside, we'd also need to show why you did not receive the claim form.

 

With a bit of luck, 42man will join and help re the SD set-aside.

 

No need to panic - just need to collate the facts with evidence.

[coledog]

A thought - if you do not have the court claim number but have £8 go to Trust Online and see if there is a CCJ http://www.trustonline.org.uk/, this will also give you the number which you can quote to the court to get the papers, as has been said do not worry!

[coledog]

Trustpnline will also tell you the amount of the CCJ, which is what we need to know!!

[broken arrow]

A thought - if you do not have the court claim number but have £8 go to Trust Online and see if there is a CCJ http://www.trustonline.org.uk/, this will also give you the number which you can quote to the court to get the papers, as has been said do not worry!

 

Nice post CD, could well be worth £8.

[Hants38]

Is the Case Number on the section listed under the Judgment on the SD not the claim number then?

 

There is a number that starts 1QC53XXXX is this not the claim number? I'll try Trustonline shortly and see what that brings up.

 

Thanks again everyone.

[Hants38]

I have just gone to Trust Online and the report shows no more details than I already have on the SD. It says the issuing Court is Northampton the ammount is for £8424.71

I guess this is the £8104.71 + Costs of £320 as indicated on SD.

 

One obvious thing that has arisen is the address shown on the Judgment is completely wrong with only the House name and Post Code being correct. They have not put down the correct village, nor my road name and have even got the Town wrong? All I know is that if I sent a letter to the address as it is currently entered i'd probably not recieve it. I live very rural and my actual address is very detailed. The SD was hand delivered so if you go by some Sat Navs it will take you direct to our door, if you go by the address provided it takes you to a neibouring village.

 

Just a warning as to how HFO got my details, they got them from Linked in so I'm guessing they do not have my address as on Companies House it only shows my House name and Postcode as a Director, the company address is my accountants. They did say to my client when trying to ring my contract place of work they found me on Linked in now removed.

 

Ok the Trustonline has confirmed the court case number as on the SD as 1QC5xxxx and the ammount. It does not say who e.g. HFO Capital and under status it says unsatisfied judgment what ever this means???

[coledog]

That is really useful! So it has been sent to the wrong address which would indicate why you did not receive these! You need to contact the court and get the copies of the original claim and judgement

[huggy41]

hants38 you could also send an envelope to your self RD useing the address from the trust on line.makeing sure you put your right address on the back for undelivered mail to return to that way you can prove to a court that you would not have got it and not just your say so.

[coledog]

hants38 you could also send an envelope to your self RD useing the address from the trust on line.makeing sure you put your right address on the back for undelivered mail to return to that way you can prove to a court that you would not have got it and not just your say so.

 

Do not think that you have to go to that extent! You just need to show that there is adequate reason why you did not receive the papers AND you have a reasonable defence which you were prevented from submitting, which is probably the most important bit.

 

Court paper are not send by RD and are very often not delivered for what ever reason.

[Hants38]

I will give that a go, All I know is when others have put in just the house name and the wrong village it gets returned to sender. Couriers that deliver to us nine out of ten times will go to the other village as the house also has the same name. They often have to phone and I have to direct them. The problem with living so rural I guess.

 

A good indication of how hard my address is to find is Trust Online did not even recognise it and almost all prefill addresses on websites do not have it listed. When I first moved in both BT and Southern electric said my house did not exist on their systems.

[Hants38]

I'll speak to the court tomorrow and to Barclays in Office hours. Once I have the Court info and Barclays (Morgan Stanley) details will one of you help me fill out the Appeal forms for the SD 6.4 and Afidavit 6.5

 

Really good info so far and very much appreciated

[coledog]

I'll speak to the court tomorrow and to Barclays in Office hours. Once I have the Court info and Barclays (Morgan Stanley) details will one of you help me fill out the Appeal forms for the SD 6.4 and Afidavit 6.5

 

Really good info so far and very much appreciated

 

Certainly will! Hopefully we can locate 42man

[Hants38]

Thanks Coledog

[broken arrow]

To set aside the judgement you will need to make an application notice N244.You should also do a CPR request to HFO/TR.

[coledog]

Cannot do the CPR request until we get the Particulars of Claim though as need to see what documents they were relying on, but good point!