Court claim on debt just over 5 years old

[Jtierney]

Received a court claim on what I thought was a very old debt. But today found out it is 5 years and 2 months old. Just 10 months short of it being statue barred. In total there is nearly £500 of charges added. So do I go ahead and fill out papers and only admit to original amount of debt. Or can I still argue the fact how old it is.

[judgemental24]

Re: Court claim on debt just over 5 years old

Are you taking you time scales from the recorded default on your credit file or the last ime you made any payment?

[Jtierney]

Re: Court claim on debt just over 5 years old

From the first missed payment. Then within a week they started to send me letters which they charged £25 to £30 for

[judgemental24]

Re: Court claim on debt just over 5 years old

You acknowledge the claim and defending in full

Admit any part any you will get an instant CCJ

[nemesis45]

Re: Court claim on debt just over 5 years old

Received a court claim on what I thought was a very old debt. But today found out it is 5 years and 2 months old. Just 10 months short of it being statue barred. In total there is nearly £500 of charges added. So do I go ahead and fill out papers and only admit to original amount of debt. Or can I still argue the fact how old it is.

Good evening J.

Have you acknowledged the claim yet? If not do so at Money Claim Online MCOL and state intention to defend.
Would you please give us some history of the debt?
1. What type of account was this/
2. How much is claimed?
3. Who was the original creditor?
4. When you say " the debt is 5 years and 2 months" old is the from the date of the last payment,or
the default date ?
You need to be sure of dates, the default date on CRA files is not particularly helpful at the this stageg.

nem

[Jtierney]

Re: Court claim on debt just over 5 years old

I have aknowledged the claim and defending in full that was 14 days ago as was waiting on paperwork to come through. As thought the debt was 7 years old.
The origonal debt was £1051.49. It is now £1406.47
it was with Creation Consumer Finance. It was through a bed I got with dreams. I had some problems with the mattress and paid for a 10 year warranty. All in all they changed the mattress 3 times. But on the third mattress it went faulty after 14 months and was told I had no warranty as the one I had was only on my origonal mattress. And any mattress after that only had years standard warranty.
I am going from date of first missed payment.

[nemesis45]

Re: Court claim on debt just over 5 years old

I have aknowledged the claim and defending in full that was 14 days ago as was waiting on paperwork to come through. As thought the debt was 7 years old.
The origonal debt was £1051.49. It is now £1406.47
it was with Creation Consumer Finance. It was through a bed I got with dreams. I had some problems with the mattress and paid for a 10 year warranty. All in all they changed the mattress 3 times. But on the third mattress it went faulty after 14 months and was told I had no warranty as the one I had was only on my origonal mattress. And any mattress after that only had years standard warranty.
I am going from date of first missed payment.

OK Who's the claimant?

You need to send them a Request Under Section 77/78 of the Consumer Credit Act 1974 ( CCA)
this is to get a copy of the agreement for the account, a £1 statutory fee is payable us a postal
order endorsed for "statutory fee only" use the template from the forum library.

The Claimant has 12 + 2 working days to comply.

For a loan the Limitation Act 1980 relevant 6 year period starts when the creditor can/does first Immediate Payment In Full/Final Demand.

nem

[Jtierney]

Re: Court claim on debt just over 5 years old

Hi have got the agreement. That what I was waiting for. It was credit for items.
The crediters passed the debt onto Cabot. And two weeks ago I received a court claim. From Wright Hassall solicitors
the claimant is Cabot Financial.

[nemesis45]

Re: Court claim on debt just over 5 years old

Hi have got the agreement. That what I was waiting for. It was credit for items.
The crediters passed the debt onto Cabot. And two weeks ago I received a court claim. From Wright Hassall solicitors
the claimant is Cabot Financial.

I wish you had come to us earlier JT.

Can you scan and upload a PDF of the agreement please?
Cabot are a real pest!!

nem

[Jtierney]

Re: Court claim on debt just over 5 years old

Have scanned them onto my desktop, but how do I upload them on here ?

[nemesis45]

Re: Court claim on debt just over 5 years old

Have scanned them onto my desktop, but how do I upload them on here ?

Click on " Go advanced" an follow instructions.

nem

[Kati]

Re: Court claim on debt just over 5 years old

Have scanned them onto my desktop, but how do I upload them on here ?

press "go advanced" (bottom of the reply box) and you get extra options including the little paperclip/attachment one.

or ... email it to me and I'll pop it up xx

[Amethyst]

Re: Court claim on debt just over 5 years old

Did they send anything on the warranty ?

[Jtierney]

Re: Court claim on debt just over 5 years old

have attached copy of agreement

- - - Updated - - -

Yes as the first two mattresses were within the year

[Amethyst]

Re: Court claim on debt just over 5 years old

I've just unapproved your attachments - they uploaded fine but you left your details on. So I'll amend and repost for you xx