Statute Barred? Consent Order

[adamski]

Hi

 

Cut a long story short a debt for a current account last payment made over 6 years ago in May 2006, court summons received in Jan 2010, case stayed with consent order sealed at court, no contact made from creditor SCM aka Lloyds TSB to arrange payment 2 and a half years later 6th June 2012 a notice of hearing application arrives just after the 6 year limit, I have to attend court next Wednesday, I am prepared for this but one question is it worth me even mentioning the statute of limitations or is this not allowed due to the consent order.

 

thanks for any advice/abuse received

[adamski]

For what its worth no contact has been made from me to scm or from scm to me for 6 years only the court has contacted me, doubt that makes a difference though

[AndyOrch]

Hi Adamski long time no speak.

 

If the last payment was 2006 and the claim was 2010 then its not SB, the clock was stopped.

 

Regards

 

Andy

[adamski]

I thought as much, thanks Andy

[AndyOrch]

So the hearing is for what ? arrange payment method? Enforce the judgment because of the default on the Consent Order?

[DonkeyB]

What was in the schedule with the consent order? Usually it would specify the amount and frequency of payments.

[adamski]

The claimant did not want a hearing, they wanted it enforced which is natural, but for some reason the judge wants a hearing to maybe give me a chance to explain why it has not been paid I guess, no the schedule just said £30 a month after the consent order was made I heard nothing more for 2 and a half years until now

[adamski]

any hows I have had priority debts that have had to be paid and as I have had no contact with Lloyds these came first if the judge wants to enforce thats his perorgative I can only afford to pay very little towards this debt which I will explain

[AndyOrch]

I bet they didnt, reading between the line Adamski the judge has probably thought two and half years to arrange payment and now they want judgment and with view to a CO, on your bike lets have an hearing.

 

Just make your payment proposals and stick to it.

 

Andy

[adamski]

Today SCM have sent me a statement of costs which total £317...why do I have to pay I did not ask for this hearing oh well let them add it on can't get blood out of a stone!

[AndyOrch]

Its not a forgone conclusion that the DJ will allow their costs looks like he is already displeased with their behaviour so far.

 

Andy

[DonkeyB]

It would be hard for them to claim they made contact with you to arrange payment at this stage.

 

But the consent order was sealed and, depending on the judge lottery, you may get a judge who thinks you should equally have made an effort to comply with the order. You’ll have to wait and see.

 

Have they sent you any info or witness statements for this hearing? Beware of them turning up on the day with a bundle, then claiming they sent you a copy. Get in touch with them and find out if they intend to provide details of their claim. After all, they have your details to send their costs! What does the hearing notice say the hearing is for?

 

You mention there was no contact between you and SCM at all – how, then, did the consent order get drawn up? Need a bit more info here. I remain a bit confused.

[DonkeyB]

Depending on what they come back with, your counter argument against costs is mainly that SCM have failed completely to provide you with any information about how to make payments. They have had years to deal with it and have never even written to you.

 

But you will need to prepare an argument for the court against their costs claim, and maybe present a costs claim of your own for the time they have wasted.

[AndyOrch]

I would assume Donkey its to enforce the judgment with view to a CO.Their only sticking point is why leave it so long hence the DJ discretion that there must be an hearing.Just for clarity its the claimants responsibility to arrange payment mandate with regards to Consents and TO,s.

 

Andy

[DonkeyB]

I agree Andy, but try telling judges that...

 

It would really help if adamski could give us the full picture, just so we can help him avoid any pitfalls, and to clearly put an opposing view.

[adamski]

No they have never sent me anything apart from today with a statement of costs, to be honest all I can remember is that the court sent me the consent order not SCM.

 

This account had bank charges refunded but the account remained in arrears attracting more charges thus the debt today, which is why I was at pains to pay it, please tell what information you require and I will endeavour to explain it to you if I can.

[DonkeyB]

What does the court hearing document state?

 

Have they been adding charges since the consent order was agreed? Did the consent order allow for charges to continue?

[adamski]

The DJ has ordered that this application be listed for hearing

The hearing of the claimants application for an order (see copy attached) will take place on blah balh at the court 15 mins have been allowed The claimant is to pay the additional fee of £35 by no later than the 15th June

 

The consent order just stated that it should be paid at £30 per month until the debt is paid nothing more nothing less no charges have been added for many years

[AndyOrch]

The hearing of the claimants application for an order (see copy attached)

 

Whats the attached Order Adamski?

 

Andy

[adamski]

I think its an N244 application notice it says that SCM are applying that the stay be lifted and judgement granted for the balance outstanding because the defendant has failed to make payments in accordance with the consent order

They have not attached a draft of the order they are applying for they do not want a hearing, no one should be served with this application the information they are relying on is

 

1. A consent order was sealed at county court in Jan 2010

 

2 The Consent order stated that the defendant would pay the sum of £xxxx by installment s of £30 per month or the claimant be at liberty to enter judgement.

 

3. The defendant has not made any payments in accordance with the consent order the sum of £xxx remains outstanding to the bank.

 

4 The defendant has failed to adhere to the terms of the Consent Order and I therefore ask that judgement be entered against the defendant for the sum of £xxx forthwith

[DonkeyB]

Just for clarity its the claimants responsibility to arrange payment mandate with regards to Consents and TO,s.

 

Andy

 

Andy, can to guide us to the law/statute on this?

[AndyOrch]

Andy, can to guide us to the law/statute on this?

 

No law as such Donkey just common practice ie debtor / creditor relationship.If I was to draft up any agreement between myself and you its common sence that I will arrange the payments arrangements, If I didn't you wouldn't know what account to pay.

[DonkeyB]

adamski, you need to get something in writing to state your case to oppose the CO.

[DonkeyB]

No law as such Donkey just common practice ie debtor / creditor relationship.If I was to draft up any agreement between myself and you its commons sence that I will arrange the payments arrangements, If I didn't you wouldn't know what account to pay.

 

Thanks Andy.

[adamski]

How can I oppose it? all I was going to do was ask to carry on the consent order at a small amount as I have large priority debts and the reason I did not pay was because I had to pay these first and I had no idea where or to whom I sent the money to SCM are difficult to get hold of and like you said it is just as much my fault as theirs