Help with statute barred debt

[5hotgun12]

Hi,

Hope you can help, I've had a county court claim for an alleged debt dating back to 2005.
It is from Link Financial and being handled by Kearns.
There has been no contact or acknowledgment of any kind dating back many years.

So far I have :

1. Acknowledged the claim
2. Sent a CCA request to Link Financial (template from this site)
3. Sent a CPR request to Kearns (template from this site)

I have received no answers or acknowledgements from either and must now enter a defence.
Could anybody help with the exact wording for a statute barred defence ?

many thanks
-A

[Diana M]

Re: Help with statute barred debt

I've had a county court claim for an alleged debt dating back to 2005.
It is from Link Financial and being handled by Kearns.
There has been no contact or acknowledgment of any kind dating back many years

Hello

What is the claim Issue Date (top right of the claim form front page)? You have 33 days from then to file your Defence. It's best not to do that too soon in case there are developments in the meantime.

Maybe a little more information would be useful before making suggestions.

Was this a credit card or a loan because that can make a difference to the certainty of SB which isn't automatically based on the last payment made.

You say the debt has not been acknowledged for "many years". How many years and what evidence have you got to support that fact if challenged?

Do you know the date of the Default Notice and the remedy date? This can often be months after you stopped paying the monthly minimum contractual amount due and that can impact on a SB argument.

Who was the original lender (MBNA?) because it makes sense to send them a Subject Access Request immediately to get the full history of the account.

Even if you are convinced it's SB it's always a good idea to throw in as many legal arguments as you can with your Defence on a just-in-case basis

Di

[Diana M]

Re: Help with statute barred debt

Sent a CPR request to Kearns (template from this site)

Can you post/type up (with your personal details removed) the Particulars of Claim to see what the Claimant is claiming and why they think they have the right to claim it.

Also what documents did you ask the Claimant to disclose in your CPR 31.14 Request?

Di

[5hotgun12]

Re: Help with statute barred debt

Hi,

Thanks for your replies. This went on hold for 2 weeks as the solicitors wrote in response to the CPR request and said they needed more time to get the information together. They requested 2 weeks and said they would not pursue a default judgement within 14 days of the documents being provided. As yet I have had no response to the CCA request from the claimant.

THE PARTICULARS ARE :

Claim Summary
Claimant Link Financial Limited
Claim Number D2H*****
Defendant ************
Amount Claimed £3,368.33
Court Fee £185.00
Solicitor Costs £80.00
Total Amount £3,633.33
Issue Date 09/01/2017

This relates to an agreement regulated by the CCA 1974 on 06/09/2005
A default was recorded on 20/12/2007
The assignment was made on 20/12/2007

To my Knowledge there has been no contact with this company since 2007
I do not know Link Financial and have never had any contact with them.

What to do next ?

[Diana M]

Re: Help with statute barred debt

Have the solicitors produced any documents?

Did you inform the court that you had agreed a two week extension to file your Defence?

Di

[5hotgun12]

Re: Help with statute barred debt

No. Should I do that now ?

[Diana M]

Re: Help with statute barred debt

No. Should I do that now ?

Did Kearns put the agreed extension in writing or did you agree it on the phone?

Di

[5hotgun12]

Re: Help with statute barred debt

BTW .. It doesnt appear to be a two week extension.
It simply says:

In order to provide the documents requested we require time to acquire and compile papers and forward them to you.
We confirm that a hold has been placed on the account and no default judgement shall be requested with 14 days of the date the documents are provided.
We do not consider it necessary to file an application seeking time to provide documents.

This implies they will take as long as they want.

[5hotgun12]

Re: Help with statute barred debt

The extension was put in writing.
Also, it may be relevant but there is no sign of this on my Credit Report.

[Diana M]

Re: Help with statute barred debt

The way I read that you've not agreed anything formal about an extension.

They simply told you that they haven't got the documents which they should have had in their possession before they issued the claim (not the exact words but you know what I mean )

Was there any conversation between you and them about an extension, or just that letter with a vague promise they wouldn't apply for a Default Judgment if you didn't file your Defence on time (i.e. as per the court timetable)?

If not I'd be inclined to file your Defence 33 days after the claim Issue Date without entering into any more dialogue.

My firm likes to get on with things, not give them time to reconstitute documents.

Di

[Diana M]

Re: Help with statute barred debt

The extension was put in writing..

Our posts have crossed. I was replying to your post # 8

What was put in writing and by whom?

Di

[5hotgun12]

Re: Help with statute barred debt

Ok.. Makes sense.

There was no phone dialogue, simply this vague letter in response.

I don't think they have anything and I believe this is a fishing expedition. I note tht searches by Link appeared on my file in November. IMHO they are counting on "no reply" and a default judgement.

We are at 35 days - I should do this now I think.

Should I enter a statute barred defence or something else ?

[Diana M]

Re: Help with statute barred debt

it may be relevant but there is no sign of this on my Credit Report.

The file may no longer be showing on the CRA files if the account was defaulted more than six years ago because the whole entry vanishes on the sixth anniversary.

However that may not necessarily indicate that the debt is SB if payments were made after the Default such as through a DMP or a random payment over the phone to a DCA bullying money out of you.

Di

[5hotgun12]

Re: Help with statute barred debt

No payments have been made. No contact has even been made as far as I know.
I've never been in a DMP and I dont recall ever receiving a letter from these people until the claim arrived.

[Diana M]

Re: Help with statute barred debt

There was no phone dialogue, simply this vague letter in response.

I don't think they have anything and I believe this is a fishing expedition.

. . . We are at 35 days - I should do this now I think.

It's not a fishing expedition it's a county court claim.

File your Defence right away since no extension of time has been agreed between the parties.

Di