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Carter sent Claim on Loan, replied it was SB'd, Carter says not - Default 11/08 - help


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I'm helping somebody this evening,

 

 

they've come to me a bit late but never mind.

 

 

Bryan Carter issued a court claim in Aug 2014 for a debt for which last had a payment Dec 2007.

 

Defendant entered a defence on the basis that the debt is statute barred.

 

Some mediation took place, no details of that yet and a prelim hearing was arranged for 3 days ago,

I'm waiting to find out what happened there on both counts.

 

Prior to that,

a letter from Bryan Carter said that they would not be attending that prelim hearing,

acknowledged that the defendant says the debt is SB but

then states it isn't SB because the account wasn't defaulted until Nov 2008 (11 months after the last payment).

 

Copies of the statements which form part of the claim from BC show that there have been no payments indeed, since Dec 2007.

 

I can only presume they are hoping the defendant will crack and not go to the hearing proper and leave BC winning by default.

Not sure how they can claim the account is not SB because of the default.

 

 

In their words:

 

"x. The defendant in his defence states that the claim is state barred"

"y. The account fell into default on xx Nov 2008. The account is not statute barred."

 

Seems like utter nonsense to me. Do they act stupid on purpose, purely in hope?

 

Seems like an easy one from here

- write to the court asking them to strike out the claim on the basis of the debt being SB

and write to BC asking for proof that payment was made in the 6 years leading up to them submitting a claim.

 

As I understand it, 6 years starts upon the cause of action and not when the account was defaulted by the original creditor.

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I've heard back...

 

"I contacted the court about mediation and the phone number didn't work,

 

 

I emailed them and it bounced back saying they had changed details but would contact me within 5 working days.

 

 

Nothing..

 

 

In the direct questionnaire before this I said I was open to mediation and they didn't contact me.

 

Went to preliminary on Monday,

judge said he was confused by what they had sent him.

 

 

I had to explain it all to him.

He said he could see my point and that he thinks it will need to go to a hearing to be decided in which case

I can then present my evidence as I did to him."

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Yes, the six years does indeed start with the cause of action.

 

What type of debt is this? ....Loan/Credit Card/HP/Current Account/Mobile Phone or "other" ?

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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If the last payment was in December 2007,

then the first missed payment which would have been January 2008.

 

 

They could have issued a Default Notice at the very least a couple of months after that - it was their choice that they didn't.

 

 

As most creditors take up to 6 months to place a default marker on the credit file,

I would say that you are quite safe in arguing that it is statute barred.

 

I am sure others will pop in with their views.

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is a loan, that might complicate things.

when did the loan term expire? when did they first ask for the full amount outstanding, before or after its term expiry?

IMO

:-):rant:

 

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Do you have the terms and conditions and does it say anything about what they will do if you miss a payment(s).

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Uploading documents to CAG ** Instructions **

 

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

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BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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The loan was taken out in June 2005 over 7 years.

 

Last payment was Dec 2007,

default added Nov 2008.

 

Was sold to the claimant in Dec 2012,

 

Notice of assignment was sent in Jan 2013,

 

 

court claim was made in Apr 2014

- I don't know why it's taken so long to get to this point from April,

 

don't have all the details yet.

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if default date was nov 08 (within the loan term), then seems they wld've asked for full amount outstanding prior to that.

q is when. as that 'when' cld be when the cause may have started? imo.

IMO

:-):rant:

 

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