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2 Claim forms received , please confirm they are statute barred


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Hi, and firstly thanks for the great wealth of information on his site.

 

I have received 2 claim forms in the last few weeks out of the blue,

its close to the dates for statute barred on both of them.

 

 

Could someone please confirm they are both statute barred as I'm a nervous wreck about them.

 

 

I have just been flicking through this forum looking for statute barred templates and noticed an explanation which made me question if I'm right or wrong.

 

I have a claim form dated issue date 30th Nov,

it is with Arrow global Limited for a credit card with Sainsburys taken out in 2004.

 

 

I have acknowledged online that I am going to defend and am about to go through the statute barred defence.

It is extremely close to the date for the six years to be up by just a week or so, im hoping!

 

 

I have a letter from Sainsburys which shows the first payment I missed was on 24th November 2009

and the last payment being made one month before this on the 24th October 2009.

I havent paid or acknowledged the debt since.

Is this ok as statute barred?

 

The second claim I have received is dated issue date 11th of December 2015.

It is for an MBNA credit card taken out in 2003.

 

 

The last payment made was 02/12/2009.

After initially checking I was relieved as I read statute barred came into effect '6 years from the date of the last payment',

 

 

I just noticed the explanation linked to the word statute barred on this forum says '6 years from the payment due date'.

This could mean that both are within six years as its from the date they didn't receive a payment.

 

I know its late in the day to check but please can someone confirm if they are definitely statute barred.

 

 

I havent been moving house or anything like that.

I initally CCA'd them before I put the accounts into dispute and ceased payments at the time in 2009.

 

 

I have all my correspondences to and from with recorded delivery stamps from the time which back up the dates I have quoted.

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Pers I'd file the SB defence on both

 

its for the CLAIMANT to prove the debt is NOT SB'd

 

not for you to prove it IS.

 

have you sent CCA / CPR on both claims regardless...

 

so failure on those could be introduced later on?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for the quick reply dx, I really appreciate it.

 

I havent sent CCA / CPR for either as I thought they were statute barred.

 

 

I will do tomorrow just in case.

 

 

The second one (MBNA worries me worries me most due to suddenly finding lots of info saying its from the date the first payment was missed which would make it just less than 6 years.

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yes that could be an issue.

 

 

but yo've a few weeks yet till you need to file a defence so get them running and use the holding / no paperwork def then...

 

 

you really need to start a thread for each one ...start a new thread

 

 

and answer the following for each one.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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