Stat Barred and Court procedure.

[Deb T]

This not my debt or my fight, BUT..

 

A friend has contacted me re a debt they once had but had long since forgotten about.

 

Out of the blue in September 17 they received a County Court Judgement issued by the bulk mailing centre of the courts from Northampton, judgement was awarded by default to the DCA's solicitors/DCA

 

The debt was in excess of 8k, I suggested they wrote asking judgement be set aside and for it to be transferred to their local Court.

 

The issue is two fold, the defendant (my friend) seems to think that the last payment they made was in 2009 thus putting the debt over the 6 years stat barred limit. However, since the initial court judgement being set aside they logged an account with experian for their credit record and it shows that there were 3 payments made in 2011 , Oct/Nov/Dec 11...which co-incidentally means the debt is not stat barred.

 

As they have no recollection of these payments they're tending to think they were added by the DCA to remove the debt from being stat barred ( From personal experience I know dca's have manipulated a credit file of an alleged debtor to suit their own means for collection purposes) but I'm not sure they'd be able to edit a file in this particular instance but maybe they could of?)

 

What is the position on a debt when it's in the court system? As in, the new date at the local court for the previously set aside judgement takes it to over 6 years since even the last recorded payment (even though that initself is disputed) will this mean the debt by the time of the hearing is stat barred so the case would automatically fail or does the clock stop on the debt when it was initally given judgement in default by Northampton? (which was 5yrs 9months since the last alleged but now disputed payment) ?

 

Also, if the clock is stopped due to the court action, should they write to the dca via recorded means requesting a copy of documents (credit agreement / the three payments in dispute) ?

 

They did write to the dca with a cheque for £10 for SAR but received an answer back from the DCA's solcitors with a load of technical jargon re customer confidentiality (dca/solicitor correspondence) and so would not give any of that information but that the DCA would be in touch soon with whatever they had blah blah?

 

Any pointers would be much appreciated.

[Ell-enn]

They need to write to the DCA asking for proof of how the 3 payments were made:

 

 

Date and time

Method of payment

Statement showing where these payments came from

 

 

Send by recorded delivery and also point out a payment for a SAR was made but nothing received.

[AndyOrch]

Thread moved to the appropriate forum...please continue to post here to your thread.

 

Regards

 

Andy

[postmn]

from what I have seen in these forums when as court claim is issued it stops the Sb clock . however if it was SB before they issued the claim then you would probably have grounds for a Set aside . why did your friend not defend it when the claim was issued or had he moved and not told the creditors

[Deb T]

Their mother has alzhemiers, she destroys a good amount of their mail before they get to it (usually by placing it in cupboards etc) had they seen the original court action they'd have defended it with the same defence re no recollection of payments....they just didn't get any court correspondence.

 

If the claim is made but judgement is then set aside does this still remain the same and stop the clock? ...no action has been taken when it's set aside etc? no defence entered.

[Ell-enn]

Have they got another date for a hearing?

[dx100uk]

nope if it was already SB then use that as the reason for the set aside

and the reason for the defence of the debt

 

the SB will resume from where it stopped [i'e would now be SB'd as if it never stopped]

should the set aside be successful.

 

if you've proof the debt was statute barred

then phone the claimants solicitors and ask if they'll set aside by mutual consent FOC without the fee.

sounds like these were phantom payments

 

the DCA would have to produce paperwork at the new hearing and before hand to you if it is not and they intend to rely upon it

as you've spotted

 

many times they know they cant and they don't object to the setaside and don't request a new hearing