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Thread: Restons letter for old debt - think it is statute barred - HELP

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  1. #1
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    Default Restons letter for old debt - think it is statute barred - HELP

    Hi,

    Mine is a bit of a long-winded story but I will try and explain the best I can.
    • 2009 I split from my ex Husband, we were in a lot of debt which was stupidly all in my (married) name
    • 2010, we split the debt and I had a court order drawn up and ratified by the court stating that my ex husband was to take over one of the credit cards in my name, this was with a UK bank and was for £9k.
    • towards the end of 2010 my ex-husband has an IVA drawn up to consolidate his debts which included this bank credit card
    • This UK bank would not accept the court order or the IVA as they always claimed the original credit agreement was made with me
    • March 2011 this UK Bank credit card was defaulted due to nothing being paid towards it
    • Over the course of the next three years I send various letters to this UK Bank and then other debt companies with all documentation to back up that this debt does not belong to me but instead my ex
    • I keep getting chased
    • Today I receive a letter from Restons stating Arrow Global have referred my account to them for legal action and that they will be issuing court proceddings unless I pay up or set up a payment plan.


    I have now been searching online and think this account could be statute barred, the account was definitely defaulted with this UK Bank on the 9th June 2011, but I see that for something to be statue barred it would count from the date that a payment was made to the account last not when it was defaulted. Over the last 6 years I have never acknowledged that this debt is mine as any time I have been in correspondence with debtors it has always been to say this debt belongs to my ex. my only problem is that I am not 100% sure when the last payment was made to this debt, I know that payments were missed in Nov & Dec 2010 and then Jan 2011 as I have correspondence around this, but I don't know if anything was paid after that and then before the account was defaulted.

    So how do I find out when the last payment was made to this debt without acknowledging this debt is mine? And if this was made more than 6 years ago how do I have this Statute barred and how do I respond to Restons? They are telling me I need to respond by the 23rd March.

    Thanks so much I look forward any advice anyone can give me!

    Signing off - panicking and 6 months pregnant

  2. #2
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    Default Re: Restons letter for old debt - think it is statute barred - HELP

    I have just realised I have put this into the wrong section - how do I move this to the debt section?

  3. #3
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    Default Re: Restons letter for old debt - think it is statute barred - HELP

    Quote Originally Posted by Em1 View Post
    how do I respond to Restons? They are telling me I need to respond by the 23rd March.
    You should respond by sending Arrow (the owner of this debt) a s. 77-79 CCA Request and also send a copy of it to Restons (who are managing the debt on behalf of Arrow) so they know what's going on.

    There's a template on this forum to help get you started > http://legalbeagles.info/forums/show...=7670#post7670

    This should protect your legal positon until or unless they comply with your CCA Request.

    Once you've done that the issue of Statute Barred (or not) can be looked at.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Default Re: Restons letter for old debt - think it is statute barred - HELP

    Quote Originally Posted by Em1 View Post
    I have just realised I have put this into the wrong section - how do I move this to the debt section?
    If you ask @Kati nicely she will probably do that for you

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Default Re: Restons letter for old debt - think it is statute barred - HELP

    Quote Originally Posted by Diana M View Post
    You should respond by sending Arrow (the owner of this debt) a s. 77-79 CCA Request and also send a copy of it to Restons (who are managing the debt on behalf of Arrow) so they know what's going on.

    There's a template on this forum to help get you started > http://legalbeagles.info/forums/show...=7670#post7670

    This should protect your legal positon until or unless they comply with your CCA Request.

    Once you've done that the issue of Statute Barred (or not) can be looked at.

    Di
    Thanks sooooo much, I am doing this straight away!

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    Default Re: Restons letter for old debt - think it is statute barred - HELP

    Quote Originally Posted by Diana M View Post
    You should respond by sending Arrow (the owner of this debt) a s. 77-79 CCA Request and also send a copy of it to Restons (who are managing the debt on behalf of Arrow) so they know what's going on.

    There's a template on this forum to help get you started > http://legalbeagles.info/forums/show...=7670#post7670

    This should protect your legal positon until or unless they comply with your CCA Request.

    Once you've done that the issue of Statute Barred (or not) can be looked at.

    Di
    Just looking at the letter I should send, will their response include when a payment was last made to the account as it seems to only ask for a copy of the credit agreement?

    Thanks

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    Default Re: Restons letter for old debt - think it is statute barred - HELP

    Quote Originally Posted by Em1 View Post
    looking at the letter I should send, will their response include when a payment was last made to the account as it seems to only ask for a copy of the credit agreement?
    Just send the CCA Request without tweaking anything.

    Don't ask them when the last payment was made to the account because that will plant the thought in the solicitors head that you might be getting close to Statute Barred so they may issue a court claim to beat the clock.

    Keep that debate between ourselves for now

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Default Re: Restons letter for old debt - think it is statute barred - HELP

    Quote Originally Posted by Diana M View Post
    If you ask @Kati nicely she will probably do that for you

    Di
    done xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

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    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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    Default Re: Restons letter for old debt - think it is statute barred - HELP

    Hi,

    So I have found out this morning that nothing has been paid towards this debt since November 2010 - does this mean I can have this statute barred? I have been in touch with creditors during this period, but I have never said this debt belongs to me, I have only every provided them with copies of the court order stating this debt was to be transferred to my ex-husbands name. Should I still send the letter as above? Or how can I go about stating this is statute barred?

    Thanks,

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    Default Re: Restons letter for old debt - think it is statute barred - HELP

    Quote Originally Posted by Em1 View Post
    Should I still send the letter as above?
    Send the s.77-79 CCA Request asap to protect your legal position.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  11. #11
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    Default Re: Restons letter for old debt - think it is statute barred - HELP

    Quote Originally Posted by Em1 View Post
    I have only every provided them with copies of the court order stating this debt was to be transferred to my ex-husbands name.
    This is complicated but without seeing the papers it's hard to say how complicated.

    Based on what you've said so far you had an account with the original creditor and that's the one they are pursuing you for in court.

    When you got divorced you 'did a legal deal' with your ex husband that he would pay the debt. From what you say he hasn't done that.

    I'm not sure what you mean when you say "this debt was transferred into my ex-husband's name". Was the original creditor involved in the "transfer" in some way or was it an undertaking by your ex to pay it (perhaps ordered by the court)? I don't see how the account could have been transferred (in legal terms).

    So the question is does the Claimant have the right to claim the debt from you and should you consider joining your ex husband into the proceedings as a Part 20 Defendant?

    What that means in Plain English is the Claimant (debt owner) sues you and you sue your ex husband all at the same time.

    I'm not suggesting you should do that but you may need to remind him that the debt is his as far as you and he are concerned.

    You've made the Claimant aware of that deal between you and your ex but I don't see how or why they could issue legal proceedings against him (instead of you).

    That's what I meant about this being complicated

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  12. #12
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    Default Re: Restons letter for old debt - think it is statute barred - HELP

    Quote Originally Posted by Diana M View Post
    This is complicated but without seeing the papers it's hard to say how complicated.

    Based on what you've said so far you had an account with the original creditor and that's the one they are pursuing you for in court.

    When you got divorced you 'did a legal deal' with your ex husband that he would pay the debt. From what you say he hasn't done that.

    I'm not sure what you mean when you say "this debt was transferred into my ex-husband's name". Was the original creditor involved in the "transfer" in some way or was it an undertaking by your ex to pay it (perhaps ordered by the court)? I don't see how the account could have been transferred (in legal terms).

    So the question is does the Claimant have the right to claim the debt from you and should you consider joining your ex husband into the proceedings as a Part 20 Defendant?

    What that means in Plain English is the Claimant (debt owner) sues you and you sue your ex husband all at the same time.

    I'm not suggesting you should do that but you may need to remind him that the debt is his as far as you and he are concerned.

    You've made the Claimant aware of that deal between you and your ex but I don't see how or why they could issue legal proceedings against him (instead of you).

    That's what I meant about this being complicated

    Di
    Yep - complicated!

    When my ex-husband and I divorced I had a court order drawn up that stated that the Credit card debt was to be transferred into my ex-husbands name - I was advised by the solicitor who did this that this was something very common and the credit card company would accept the court order, the credit card company never did accept it as my ex had such a bad credit rating. I have countless times, sent a copy of this court order to the original credit card company and then after that to any debt company that has taken over the debt.

    In Mar 2011 my ex had an IVA drawn up, this included the credit card in question - and apparently this IVA was sent to each credit company and if they responded, didn't respond, attended the IVA meeting or not they were then bound to accept that this was his debt and not mine. So I then understood that the credit card company had accepted this debt belonged to him and not me. My ex only made 6 payments to this IVA and no money was every paid to the credit card.

    My ex is no longer living in this country and I am not in contact with him anyway, so going into some kind of agreement with him around this will be impossible

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