Tweet
Hello everyone,
I recently posted a thread about this, firstly thank you to everyone who helped me with that. But some new things have happened since and I have a few questions that I would be very grateful if someone could answer for me. I had an overdraft with hsbc with a default date of 05/05/09 and a credit card with a default date of 05/04/08. The overdraft was still on my credit file as the default date was under 6 years. The court sent me a claim form for the overdraft and I was advised on the forums that more than likely the overdraft was not statute barred yet and its very hard to pin point the COA without having the paperwork from the bank. I rang the dca and did acknowledge any of the two debts. I said I wanted more information on the date the alleged overdraft was recalled, they said we don't have this information and would need to get the papers from hsbc the OC. Now I wasn't willing to take the chance on the overdraft being statute barred as it was so close to the six years, so I managed to settle out of court for 50% less and as I was not working. I told them if it was not accepted, I would be offering 5 pounds a month to the courts and if I lost my defence and it would take them years to recover the debt. My first question is, as they admitted they did not have the paper work, should i have filed a defence in court and asked them to provide proof of this debt?, because as far as I am aware, if they don't have the documentation they cannot enforce the debt?, I am not sure if this is correct?. The reason I didn't go this route is because if they did manage to produce the documents the 50% discount would not have been an option and I would have had to pay the whole amount and probably get a CCJ, as I would have only able to afford instalments on the full amount. So I made a full and final settlement for 50% less of the full balance. I am unsure if I have gone about this the correct way?
My second question is, I have still asked them to supply these documents, if they cant produce them and have no proof I owe this money can I claim back this money somehow?
While I was on the phone they kept trying to mention this credit card, which is a separate account on their files. I told them I have no knowledge of this debt and have only phoned in relation to the alleged debt relating to the court claim. Now they have sent me a letter with the credit card account at the top saying thank you for your recent contact, and that they have put this credit card account on hold for one month because of my circumstances. I get the impression they are trying to make it look like I have had contact regarding the credit card, but the contact was made for the overdraft and I have proof of this. Could they be doing this to try and restart the statute barred clock? I am almost certain the credit card is statute barred default date 04/05/09 , no written acknowledgement , no payment after default date and no CCJ taken out against me on this credit card with the 6 years. Am I right in thinking once a debt is statute barred any payment or acknowledgement will still not unbar the debt? is this correct? either way I have not acknowledged anything to do with any credit card.
Id be extremely grateful if I could get some advice. The overdraft I settled on was money borrowed from friends and has to be paid back and any further money relating to this credit card would not able to be paid.
Any help would be greatly appreciated
I recently posted a thread about this, firstly thank you to everyone who helped me with that. But some new things have happened since and I have a few questions that I would be very grateful if someone could answer for me. I had an overdraft with hsbc with a default date of 05/05/09 and a credit card with a default date of 05/04/08. The overdraft was still on my credit file as the default date was under 6 years. The court sent me a claim form for the overdraft and I was advised on the forums that more than likely the overdraft was not statute barred yet and its very hard to pin point the COA without having the paperwork from the bank. I rang the dca and did acknowledge any of the two debts. I said I wanted more information on the date the alleged overdraft was recalled, they said we don't have this information and would need to get the papers from hsbc the OC. Now I wasn't willing to take the chance on the overdraft being statute barred as it was so close to the six years, so I managed to settle out of court for 50% less and as I was not working. I told them if it was not accepted, I would be offering 5 pounds a month to the courts and if I lost my defence and it would take them years to recover the debt. My first question is, as they admitted they did not have the paper work, should i have filed a defence in court and asked them to provide proof of this debt?, because as far as I am aware, if they don't have the documentation they cannot enforce the debt?, I am not sure if this is correct?. The reason I didn't go this route is because if they did manage to produce the documents the 50% discount would not have been an option and I would have had to pay the whole amount and probably get a CCJ, as I would have only able to afford instalments on the full amount. So I made a full and final settlement for 50% less of the full balance. I am unsure if I have gone about this the correct way?
My second question is, I have still asked them to supply these documents, if they cant produce them and have no proof I owe this money can I claim back this money somehow?
While I was on the phone they kept trying to mention this credit card, which is a separate account on their files. I told them I have no knowledge of this debt and have only phoned in relation to the alleged debt relating to the court claim. Now they have sent me a letter with the credit card account at the top saying thank you for your recent contact, and that they have put this credit card account on hold for one month because of my circumstances. I get the impression they are trying to make it look like I have had contact regarding the credit card, but the contact was made for the overdraft and I have proof of this. Could they be doing this to try and restart the statute barred clock? I am almost certain the credit card is statute barred default date 04/05/09 , no written acknowledgement , no payment after default date and no CCJ taken out against me on this credit card with the 6 years. Am I right in thinking once a debt is statute barred any payment or acknowledgement will still not unbar the debt? is this correct? either way I have not acknowledged anything to do with any credit card.
Id be extremely grateful if I could get some advice. The overdraft I settled on was money borrowed from friends and has to be paid back and any further money relating to this credit card would not able to be paid.
Any help would be greatly appreciated
. they stated on the phone you must have received letters for the debt and I stupidly said yes, but this was after it was statute barred anyway? am I right in thinking once its barred any acknowledgement on the phone doesn't change anything?
Comment