CCJ Claim for debt from more than 6 years ago

[sumo29]

Hi All,
First post so please be patient!
I received a CCJ Claim from a debt collection agency for a payday loan debt from more than 6 years ago. I have done the AOS and asked for the debt collection agency to provide copy of the contract.
They have done so now - albeit they have returned my postal order! I have a few questions on this.


1. The date of the agreement is May 2010, but the final payment for the payday loan was due on June 2010. So does this mean it is barred? I have not had any dealings with them since.

2. They say in the court claim form that the agreement was signed on a date which is 1 day different from the actual date in the agreement they sent. Is this an issue? Is it relevant?

3. They claim that I have been notified of this re-assignment of the debt in 2014 but I do not recall this. Should I ask for a copy of this also?

4. Is it sufficient to defend by saying the claim is statuary barred?

5. This debt -(I had a load of them around this time) does not appear on my credit report. But I noticed the motormile finance company (claiment) updated my credit file in 2013 for a different debt and amount. And they stated there that it defaulted in November 2010. Again not sure if this is now the date I should be using? Could this be the same debt and just changed names and amounts?

6. I have also noticed that they have a different name for the original lender - Northway Broker Ltd, but the agreement says Northway Financial Corp Ltd. Again is this just a tactic to confuse and make it uncertain for me which loan it is?

Any help on this will be much appreciated.

[warwick65]

Re: CCJ Claim for debt from more than 6 years ago

Statute barred is of course one avenue of defence [MENTION=48934]Debt Camel[/MENTION] may have lots of other ideas

I am guessing this is a PTP or Swift loan, MMF are not the nicest bunch I have to say

https://debtcamel.co.uk/swift-sterli...s-till-payday/

[sumo29]

Re: CCJ Claim for debt from more than 6 years ago

Yes - It is indeed Poundstillpayday.

Main concern is MEM seem to have updated my credit file fluctuating the amount owed. Not sure why.

[warwick65]

Re: CCJ Claim for debt from more than 6 years ago

When you say MEM is updating your file wit fluctuating amounts what do you mean, are they going up or down

[sumo29]

Re: CCJ Claim for debt from more than 6 years ago

When you say MEM is updating your file wit fluctuating amounts what do you mean, are they going up or down

Mostly the amount is constant. But once it goes down and 3 times it goes up. No pattern at all to it. Hopefully just a admin mistake.

also if I file AOS is it 28 from the date on the claim form?

[warwick65]

Re: CCJ Claim for debt from more than 6 years ago

Hi
AOS is 19 days from the date on the claim form

Once that is done, defence is due 33 days from the date on the claim form

( The odd numbers are that legislation allows 5 days for service i.e post )

- - - Updated - - -

When you talk about MEM I assume 'tis a different debt

Again I think you may be able to reclaim from MEM if you rolled over several times or you were clearly in financial difficulties

[Debt Camel]

Re: CCJ Claim for debt from more than 6 years ago

Do you mean MEM or MMF?

MEM is a company linked to the Payday UIK / P{ayday Express and Money shop brands. It has no connection with Northway and Pounds till Payday. If you have a MEM debt on your credit record it is not this debt which MMF bought from Pounds Till Payday.

It sounds as though statute barred is likely to be the easiest defence. Other ideas: https://debtcamel.co.uk/court-payday-loan-debt/