Help! Thought my debt was statute barred but it's not, & I used this as my defence.

[mikeg123]

Hi all,

Intrum UK Finance has made a claim against me for an unpaid credit card debt originally took out with Lloyds bank.

I responded stating that the debt was statute barred, but they have responded with proof that it is not. I made the mistake thinking it was barred because Intrum changed their name from 1st Credit Finance at the start of 2018 and had no record of any correspondence from with Intrum up until now.

As I mentioned they have sent me a letter that includes details of payments made within the last 6 years. They have ended the letter by stating they are awaiting my repayment proposal and have included a financial statement for me to fill out.

What should be my next step? What should I include as a repayment proposal? Should I ask if they have the original signed agreement?

Any help would be greatly appreciated.

[Amethyst]

Where are you making payments to 1st credit, if so up until when?

Do you know when you first took out the credit card agreement?

How much approximately is the debt?

But yes you should send a formal CCA request, Also request notice of assignment and default notice

Could you post a copy of the claim and of your defence, and the letter they have most recently sent you stating the debt is not statute barred. Mainly wondering whether you included any other issues in your defence or literally just put statute barred.

[mikeg123]

Thanks for the reply.

I made two payments to 1st Credit in 2016.

I believe the debt is for a £1500 student credit card.

I've attached a copy of the claim form and my defence.

As for a formal CCA request, and request notice of assignment and default notice - is there a reliable template I can use? Should I send these requests direct to Intrum?

[Amethyst]

CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence ( for when/if you need to amend )

Also if you decide you need to settle - https://legalbeagles.info/forums/for...-credit-claims

[Amethyst]

Defaulted at £1600 and now stands at £2000 ?

Have They sent you a breakdown to show how it's increased? And how much were the payments that you made?

[mikeg123]

Defaulted at £1600 and now stands at £2000 ?

Have They sent you a breakdown to show how it's increased? And how much were the payments that you made?

No they have not

[Amethyst]

Add in a request for full breakdown of account in the cpr letter. They should explain where the £400 was added and removed after you had defaulted. ( the £100 between the defaulted amount and amount they are claiming adds up with your two £50 payments) Do recall what your dispute over the balance with Lloyds was and how that was resolved ( or not )?

A SAR to Lloyds might be a good idea - https://legalbeagles.info/library/gu...ccess-request/

[mikeg123]

Thanks, shall I fill out another defence and send it or hold back until I've received a response to the other requests?

[Amethyst]

Have you got a copy of your defence? ( you posted Intrums reply to it )
To amend the defence will cost you £100 by consent or £255 without so it needs thinking on and to be right, you need them to be in default of the CCA request before including it in your defence - so really for the moment you are investigating to see if there is another defence available to you or if you need to look at settling, potentially via an instalment arrangement under a Tomlin Order. As you reneged on a previous instalment offer ( the £50 a month ) it seems like they will be wanting it set by the court if it remains at that level - but if you can afford more per month ( say to pay it within 12 months ) - then you might be able to make an arrangement and avoid the CCJ. But

[mikeg123]

My defence was:

1. The Defendant has not acknowledged the debt in writing in the last six (6) years.

2. The Defendant has not paid any part of this debt in the last six (6) years.

3. The Defendant has reminded the Claimant that the debt has become statute barred in accordance with THE LIMITATION ACT 1980 (SECTION 5)

4. The Defendant has requested copies of documents (an agreement, default notice, assignment) mentioned in the particulars of claim in accordance with CPR 31.14 but the claimant has failed to comply with this request.

5. Accordingly, the Defendant seeks the Claimants claim to be dismissed by the court as the debt is statute-barred under the Limitations Act 1980, Section 5.

What are your thoughts?

[mikeg123]

Hi, I hope you are well. I requested the documents you suggested, and have just received a reply.

The cover letter states that Intrum do not hold amy copies of the assignment document. What does this mean?

[mikeg123]

I've attached the cover letter along with their response. Looking forward to your feedback...

[mikeg123]

Any advice on this?

[mikeg123]

Can anybody help me with this?