Court Action started, is debt statute barred?

[teddie0607]

Hi,

 

in the middle of December 2015 I received I letter from Mortimer Clarke Solicitors chasing a debt with Cabot Financial,

after searching this site I sent them a prove it letter, heard nothing ....

 

received court papers between Christmas and New year.

I submitted a defence saying that I had no knowledge of the debt and has asked the solicitor to provide evidence.

 

Mortimer Clarke wrote to me in late January 2016 saying that they would put action on hold whilst they waited for their client to provide the evidence.Since then I have heard nothing, until

 

last week (8 months later) when I recieved a letter from Mortimer Clarke with the enclosed copy of the CCA of a loan had taken out in 2009 and a statement of account dated March 2016.

 

They have made an offer to reduce the amount owing by 40% and if I agree that it would be a Tomlin order but I have to respond within 14 days.

 

I believe though that this debt is statute barred,

the last full payment of this loan was July 2009,

they kept trying to take payments

and successfully managed to take a token £25 payment from my account on the 10th September 2009

(which I think, based on the statement they have sent, was a charge for writing a letter to me).

 

Since then I have made no payments and not acknowledged the debt in any way.

 

I need to respond back to Mortimer Clarke,

can someone tell me if the debt is statute barred and what the procedure would be for the ccj which is currently on hold

Many thanks

[dx100uk]

attach the stuff as ONE multipage PDF please

follow the upload

 

 

the claim is stayed

unless they pay to unlift the stay

then its going nowhere

so ignore their begging discount letter.

[teddie0607]

Hopefully this worked! Haven't scanned the settlement offer letter but let me know if you want them too

Thank you

CCA return.pdf

Edited August 28, 2016 by dx100uk
PDF redacted and shrunk to <.200Mb from 3Mb - dx

[renegadeimp]

When was the CCJ granted? Cabot dont enforce legit debts.

 

Youve also left reference numbers showing.

[teddie0607]

The CCJ wasn't granted it was put on hold in January awaiting evidence of debt, should I remove the attachments and take out the reference numbers?

[fkofilee]

Ive removed the Attachment for now. Please remove ALL personal details and reupload.

[dx100uk]

I've sorted the PDF

[dx100uk]

last payment as you say was sept 09 so it statute barred anyway

see if they do anything

if they do

then we'll introduce the statute barred issue

that will kill it dead.

 

 

its stayed so its not hurting you

 

 

let it run.

go get on with your life

dx

[teddie0607]

Many thanks for all your help. So should I not reply? If they remove it from being stayed, will I get the opportunity to defend on the basis of it being statute barred or will the original defence hold? I'm just worried cos they obviously don't believe it's statute barred.

[Old Cogger]

do your maths try 16 - 6?????????????????/ no prize for the answers,

[obiter dictum]

My mistake, of course you are right 2009 plus six is 2015

 

Has to be statute barred, i will go back to bed now

[dx100uk]

Many thanks for all your help. So should I not reply? If they remove it from being stayed, will I get the opportunity to defend on the basis of it being statute barred or will the original defence hold? I'm just worried cos they obviously don't believe it's statute barred.

 

 

no let it run

see if they pay to progress then we can us the next court stage to drop the bombshell to them

[teddie0607]

Thank you DX100uk, I'll keep my fingers crossed

[renegadeimp]

They likely know it's sb which is why they offered a 40% discount. But there's nothing they can do and they know it