Information if a debt is statute barred or not?

[Amethyst]

Re: Information if a debt is statute barred or not?

Hey that's okay, I know exactly what it is like, trust me. We have all had bad bits and good bits in the past, and it is just really a bummer that bad bits pop up when you're in a good bit ( if that makes any sense at all !) lol. I've just got a tax credit overpayment bill through the post today... and managed to get an old debt settled after they sent court papers a couple weeks back... sometimes feels that it's never ending - but my credit file is getting there slowly and hopefully in a couple years we might have a chance at buying our house so long as I keep on top of things now.

Is the credit card over 7 years old too since you defaulted? not going to pop up and bite you on the bum too ?

I don't know what they would accept, we know it isn't statute barred sadly, and you think it was £1500 when you ditched the account, so that is probably a decent level to make an offer - I think it would have to be f&f or a decent amount each month over say 12 months to get it reduced that amount though. Before offering anything though you MUST do your budget/income/exependiture and make sure anything you agree to is affordable - because if you set something up under a consent order, and then default on that agreement, they are more likely to be able to get the CCJ...and it'll have been a wasted effort.

Hang fire and don't do anything until [MENTION=87380]Diana M[/MENTION]; looks back in. There might be someway to use their poor handling of the claim to date to either get them struck out or negotiate a better settlement. I'd certainly not want to see you settle at £3.3k when you believe the actual debt was only £1.5k, and I think you should do a bit more investigating first.

[AshRahman]

Re: Information if a debt is statute barred or not?

I understand about the good and bad bits. Thanks.

I think the gent on the other end of the phone was trying to be helpful.
He did say that after they sent the original claim form, nothing was actually heard from the creditors since 2015. He said someone has probably just picked up on it now. He didn't know himself.

The credit card bill is 7 years plus now. The only reason i didn't know about this was because i'd never seen a claim form. Hopefully, nothing else appears.
I have no assets so that's why none of the creditors probably bothered with a CCJ? Don't know. There's a part of me that thinks they've done this on purpose, so that you think you are getting along and now that everything has dropped off the credit file, they may be aware people are more likely to pay with a clean credit file as opposed to a ruined one?

[Diana M]

Re: Information if a debt is statute barred or not?

managed to get through to the NCCBC. Luckily I got a friendly and helpful person.
They were surprised that it hadn't been acted on but there was a claim form sent but no judgement and he explained that if they go back to court they can have the stay lifted for £100.
He is sending me the particulars but said to get into contact with the solicitors and maybe set up a plan or pay it all.

I'm speechless

That wasn't a helpful person at NCCBC if they told you to contact the Claimant's solicitors and offer to pay. They had no right to give you that advice. They are not lawyers. They don't know your legal position. I'm cross (in case you haven't noticed).

A claim was issued three years ago and no judgment has been entered. Why not? What have Mortimer Clarke been doing all this time if they're so sure of their legal stance?

My suggestion was to immediately send a s 77-79 CCA Request to Mortimer Clarke since they've not given you any contact details for their client Marlin (who incidentally is unlicensed).

My other suggestion was to send a Subject Access Request to Mortimer Clarke (and to HSBC).

Please take my advice.

Di

[Diana M]

Re: Information if a debt is statute barred or not?

I think the person at the court was saying the £100 to life a stay but as @Diana M has said, if you never acknowledged service or entered a defence the claim will not have been stayed - it will just be 'parked'

Maybe someone who knows more about these things can explain what you need to do to protect yourself from a CCJ. @Amethyst @pt2537

You mean someone who knows more than [MENTION=87380]Diana M[/MENTION]?

[warwick65]

Re: Information if a debt is statute barred or not?

You mean someone who knows more than @Diana M?

I'm very sorry - as you were already on the thread i thought you would see it.

I don't want to make you angry
Bruce Banner has nothing on you

[AshRahman]

Re: Information if a debt is statute barred or not?

I've just sent the CCA request, using the template from this website.
I've sent it by registered post, with the one pound crossed postal order. (didn't know they still existed)

I will send hopefully a SAR tomorrow now, and go from there.

[warwick65]

Re: Information if a debt is statute barred or not?

Make sure you keep the receipt for the postal order along with your receipt for the recorded delivery

Might have said this before but I keep copies of everything and also scan them and keep them in google drive just in case

[AshRahman]

Re: Information if a debt is statute barred or not?

I've got the receipts for both.
I will keep both safe.

[AshRahman]

Re: Information if a debt is statute barred or not?

Hi,

Hope you're all well?
Update from the solicitors Mortimer Clarke.

They acknowledge the request for documents pursuant to S77-79 of the Consumer Credit Act 1974.

They go on to say,
"For the avoidance of doubt, this firm acts on its clients instructions. This firm does not hold the documentation you have requested. We have asked our client to provide them and will come back to you as soon as we can.

In the meantime, the matter has been placed on hold and no further action will be taken."

So by the sounds of things they're searching for a copy of the agreement from 1997?

Ash