1st credit Small claims summons - old LLoyds credit card.

[boomboom124]

Hi,

I would appreciate any assistance.

I had a couple of CC's years ago and lost my job for a year and 4 months.

No repayments were made as i could'nt afford it and ended up getting into real dificulty financially.

This was back in March 2009.

I did receive demands for repayment for a while after i had defaulted and stupidly ignored them due to worry.

 

Now i have received a small claim summons from sheriff court for £2400.

Can anyone advise me if this is time barred as it has been over 6 years?

And also what my options are?

 

I would be gratefull for any good advice please.

[dx100uk]

did you take the account out whilst resident in Scotland

 

and you have paid nothing in the last 5yrs?

 

dx

[boomboom124]

Hi DX,

 

Yes to both questions.

[dx100uk]

then its already extinguished under the 5yrs SB Scottish rules.

[boomboom124]

Thank you DX.

 

What should i do about the summons ?

 

It gives 4 options

 

1) Admit liability and make written application to pay

2) Admit liability and attend court

3) Dispute the claim

4)Admit liability and apply for time to pay

 

When does the 5 years start from? Is it the date of the default?

 

I just need to find out what to do when the sheriff officers come back.

 

Thanks

[dx100uk]

sherrifs officers wont come back

they have simply pers served the papers that's all.

 

the SB runs from your last use or payment not the defaulted date.

 

is the court local to you?

 

dx

[boomboom124]

Yes the court is local.

I am sure the last payment was sometime in May 2009 though i would like to find out for sure.

Would that be on my credit file?

[dx100uk]

should be

 

if not ring the original creditor and ask

 

what they card, who with?

 

dx

[boomboom124]

Ok thanks DX.

The card was with Lloyds

[dx100uk]

go ring Lloyds and ask

find out the date before you do anything else

 

 

being SB'd could blow the whole thing out the water totally

 

 

dx

[boomboom124]

Ok thanks I will.

Is SB'd- Statute barred?

Sorry, I'm not up with terminology.

[dx100uk]

sure

 

 

in Scotland after 5yrs of no payment or use of a source of credit

any debt becomes extinguished

which means it does NOT EXIST ANYMORE

 

 

unlike eng/wales [where it is 6yrs] they simply cannot enforce a judgement so don't bother going for one.

 

 

dx

[maroondevo52]

I'd also have a check on your credit file.

[IdaInFife]

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed:

 

Dated:

[dx100uk]

6 yrs????...

[dx100uk]

the Scottish SB defence

which I think runs.

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of The Prescription and Limitation (Scotland) Act 1973, Section 6

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract,

in excess of 5 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

under scottish laws the debt is now extinquished

.

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

.

Regards

nicked from Andyorch

[boomboom124]

I sent away for my Credit file.

 

I can see that there is a default on it from May 2011 relating to this matter.

 

This default is not from the original CC company, but from the DCA whom I assume the debt was transfered to.

 

The last payment i made to the card was about May 2009.

 

Does this mean that the debt is SB'd ?

[dx100uk]

yes well SB'd

 

 

as for the default being in the DCA's name

 

 

the OC would have defaulted the debt before sale.

when a debt is then purchased

the debt buyers name replaces that of the original creditor.

 

 

dx

[boomboom124]

Thanks DX.

 

I thought that would be the case.

 

No doubt when they come back to my door I will have more questions!

 

A very helpfull site and I will be making a donation.

[dx100uk]

have you disputed the claim and stated it is statute barred

to the court?

 

 

who is the pursuer... let me guess ...cabot?

 

 

dx

[boomboom124]

1st Credit

[dx100uk]

What and restons?

 

Dx