Court Claim - arrow global / santander - 5-11-2014

[nemesis45]

Re: Urgent help needed

When is your defence due?
Mu usual way of dealing with this situation is to submit the defence and send the letter the day after by signed for post.

[cc1110]

Re: Urgent help needed

Monday - is it ok base defence on ' I think it's SB '

When is your defence due?
Mu usual way of dealing with this situation is to submit the defence and send the letter the day after by signed for post.

[nemesis45]

Re: Urgent help needed

OK, that's fine.

Once the defence is in the onus of proving unequivocally that the alleged debt is not statute barred is firmly in the claimants hands.

[cc1110]

Re: Urgent help needed

Ok, so Drydens have replied saying that the last payment made was the 18th of November 2008 and they filed the claim on the 5th November 2014 so therefore within the 6 years. Is that correct ? As in because they filed a claim before its not SB even though I have still not acknowledged this debt. Just to remind you default date is May 2009

Thank you

[markymark1988]

Re: Urgent help needed

Ok, so Drydens have replied saying that the last payment made was the 18th of November 2008 and they filed the claim on the 5th November 2014 so therefore within the 6 years. Is that correct ? As in because they filed a claim before its not SB even though I have still not acknowledged this debt. Just to remind you default date is May 2009

Thank you

To my knowledge the default date is not a precise indicator of a debt being statute barred, it's the 'cause of action' i.e consecutive missed contractual payment.

From what they claim no the debt isn't statute barred looks like they've gotten in just in time. All is not lost though, them simply claiming you made this payment wouldn't suffice in court. If you are not sure about the payment actually being made, respond and request proof of this payment, if they cannot provide it then you should be ok. Anybody can claim a payment was made to prevent a debt becoming statute barred and debt collectors will do this to intimidate.

I am no expert though my knowledge comes from reading up on a lot of the threads on here and else where. I'm sure if I am wrong somebody will correct me.

[cc1110]

Re: Urgent help needed

Thank you So even though now I havnt made a payment for more than 6 years because they put a claim in two weeks before it was 6 years that stops it becoming SB even though I still havnt acknowledged it? Surely anyone could do that then ? Sorry its really confusing as I was told that it only stops being SB if I, myself make a payment or acknowledge the debt in writing which I did neither before the 18th November.

[nemesis45]

Re: Urgent help needed

The issue of a court claim stops the 6 year clock on the day it is issued.
The only other ways to stop the clock ticking is a payment or unequivocal written acknowledgment.
The Limitations Act 1980 sets the parameters.

nem

[markymark1988]

Re: Urgent help needed

Thank you So even though now I havnt made a payment for more than 6 years because they put a claim in two weeks before it was 6 years that stops it becoming SB even though I still havnt acknowledged it? Surely anyone could do that then ? Sorry its really confusing as I was told that it only stops being SB if I, myself make a payment or acknowledge the debt in writing which I did neither before the 18th November.

Well from what they say no the debt is not statute barred. A payment or acknowledgment within 6 years of the 'cause of action' prevents the debt from becoming statute barred; in your case the payment they claim was made would mean 6 years never passed.

If you dispute the payment was made then challenge them to prove it and stick to your guns and if they cannot prove it, then yes the debt would be statute barred. If I was you I would also probably try and obtain copy bank statements for around the time they claim the payment was made too just to double check, as if you did make payment then you have no defence other than failure to supply cca.

The law clearly states the burden of proof lies with the claimant not the defendant. If you look on here you should be able to search for a sample letter to send them in response.

EDIT:- Nemesis clearly knows what he is talking about having read loads of threads on here, he could advise best thing to do

[nemesis45]

Re: Urgent help needed

It is the issue of the CC Claim that has stopped the clock in this case Not a Payment.

nem

[cc1110]

Re: Court Claim - arrow global / santander - 5-11-2014

Ok great thank you for clarification both

So if I was to say prove it .. and then they did the outcome would be that I would have to pay the debt one way or another. Would I face any penalties or anything ?

[markymark1988]

Re: Court Claim - arrow global / santander - 5-11-2014

Ok great thank you for clarification both

So if I was to say prove it .. and then they did the outcome would be that I would have to pay the debt one way or another. Would I face any penalties or anything ?

if i was in your shoes I'd first try and look at my bank accounts from that period to see if any payment was made to any debt collection agencies or the original creditor around the date they claim.

do you remember making a payment? If you're not sure then ask them for strict proof of the alleged payment and see what they come up with

I wouldn't encourage anybody to willing lie as you'd look a right wally in proved in court. So try and be sure beforehand if possible. Overall yeah if you lose you get a ccj against you either way no further penalties im aware of.

If you found you did make a payment it isn't too late to avoid a ccj
By negotiating with them without prejudice to reduce the amount and agreeing to a tomlin order.

[cc1110]

Re: Court Claim - arrow global / santander - 5-11-2014

if i was in your shoes I'd first try and look at my bank accounts from that period to see if any payment was made to any debt collection agencies or the original creditor around the date they claim.

do you remember making a payment? If you're not sure then ask them for strict proof of the alleged payment and see what they come up with

I wouldn't encourage anybody to willing lie as you'd look a right wally in proved in court. So try and be sure beforehand if possible. Overall yeah if you lose you get a ccj against you either way no further penalties im aware of.

If you found you did make a payment it isn't too late to avoid a ccj
By negotiating with them without prejudice to reduce the amount and agreeing to a tomlin order.

if I'm completely honest I cannot remember:/ I also have no bank statements dating that far back and am currently not with the same bank I was 6 years ago.

I will ill speak to rh and see if an arrangement can be made. Thank so much for all your help. I really do appreciate it x