CCJs and Dates

[okateo]

Hi
if a company applies for a ccj and during the time the date for the debt goes over the six year period, can there be an argument the six year period has expired?
BW Legal have sent a claim in August, with the original contract as proof, advising the agreement was 6/9/13, no details about when they class the debt clock to have started..... also have concerns as there was no money deposited into my bank in this time. This agreement confirms the same bank account was used.
Could the dates have been altered? I can’t find the deposited monies anywhere within an 8 year period.
I defended a claim years ago where either the company, or the solicitors, very much lied to encourage me to settle (they argued the debt age was within six years as they came to my apartment and spoke to me-a couple of years prior to me moving to the apartment!).
Ant help would be appreciated.

[Amethyst]

Unfortunately issuing the court claim does stop the clock, so if the last payment was made, or the account defaulted after August 2013 ( if it wasn't entered into until Sept 2013 then it won't have been ) then Im afraid that unless the claim is struck out / dismissed it won't now go statute barred.

Was this a loan ? Payday loan or standard?
Have you sent a CCA request and have they sent a full copy of the agreement?

[okateo]

Hi
thanks for this. Yes they have sent a copy of the contract. Monies aren’t deposited into the account during that time-so it’s really confusing for me. It was a payday loan. The company I don’t recognise. Going to call the bank to see if they can spot any deposits during 2013.

[okateo]

The plot thickens. There are two ccj claims. I’ve received a contract for one only (for 500) and checked with the bank. There were no deposits in or around 9 sept 2013. This is a debt bought by prac and originally an mem loan.
I have found payments to paydayuk from April-sept 2013. If that was for a £500 loan then surely that was paid in full as a total of over 1000 was paid.
This makes no sense to me at all.

The contract has had the date for the agreement on 9/9/13 and signed by the creditor too. The solicitor letter has stated the bank account this went too-the only bank acc I have-had it for 20 years.

I dont understnad how how I can fight this but I do have evidence no monies were deposited in or around the time they are advising.

Is my next step to defend and request proof of monies deposited.

I am looking through old old email accounts to try to find more info as the agreement must be electronic as no signature on a scanned doc.