Possibly statute barred! DISCONTINUED!!!

[christinez]

I am trying to post up claim form that I have had today. The site must have an error as it's not letting me post it up.

The date is 14/12/15
The claimant: Hoist Portfolio Holding 2 LTD
Original creditor : Santander Cards

Particulars of claim:
This claim is for the sun of £1378.67in respect of monies owing pursuant to the Consumer Credit Act 1974 (CCA) under account no xxxxxx.The debt was legally assigned by Santander Cards Ltd to the claimant and notice has been served. The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant pursuant to Section 87 (1) CCA
The Claimant claims
1. The sum of 3 1378.67
2. Interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from the 13/11/15 to the date hereof 27 days is the sum of £8.16
3. Daily interest at the rate of £ .30
4. Costs

Total amount £1536.83

Any other info:



I do not recognise the account number that has been quoted on the claim form, it does not represent a credit card number.


I also believe this is possibly statute barred but if it's not already it would have be within one month as I stopped paying all my credit cards between December 2009 and early January 2010.


Is it worth saying that I believe that it's statute barred as surely it is up to them to prove that it is not?


Thanks in advance

[Amethyst]

Re: Possibly statute barred!

Mmmm are you trying to do it via a form or direct onto the forum ? or are you trying to upload an image of the claim form ?

I have just PM'd you about VIP - it could be some weird cookies issue ( quite often ends up being cookies ) so if you know how to have a go at clearing those, or use a different browser to see if that is the problem xx

[christinez]

Re: Possibly statute barred!

I was using the link and filling in the form! It just wouldn't let me submit't I wasn't trying to upload anything.

[Amethyst]

Re: Possibly statute barred!

I'll check the form out, a couple other people have mentioned it's being a bit glitchy too.

Do you know what card this might be ? It won't hurt to mention that it is statute barred, though sounds like they may have just got in in time, they can make the effort to prove that

You should still though ask for the agreement and other documents mentioned in the claim, and send a formal CCA request - as per http://www.legalbeagles.info/forums/...it-Court-Claim

Do you have any idea what this is?

[christinez]

Re: Possibly statute barred!

I don't know what card it is. I can only imagine it may be a store card that is underwritten by Santander. I will go into the loft tomorrow and haul all the paperwork out. When I stopped paying the cards due to financial trouble I did do a CCA request so I will know when I made the last payments. I'm hoping that they might pull out!
Do you have a link for a template letter regarding it being SB?

[Amethyst]

Re: Possibly statute barred!

[Amethyst]

Re: Possibly statute barred!

Have you filed your acknowlegement of service on this yet Christinez ?

[Debt Camel]

Re: Possibly statute barred!

[/FONT]I also believe this is possibly statute barred but if it's not already it would have be within one month as I stopped paying all my credit cards between December 2009 and early January 2010.

Hi Christinez, when you say you "stopped paying", do you mean that you made the last payment between Dec09 and Jan10 or that you missed your first payments between those dates? It sounds as if weeks or even days may matter here... the 6 year period for a credit card debt to become statute barred runs from the time when you missed a payments, usually 1 month after your last payment.

[christinez]

Re: Possibly statute barred!

I have filed my soa and have sent out the CCA & CPR requests and also a letter sating that I believe it may be SB. I have not had any response from them at all. I am due to file my defence next week. Should I bother chasing anything or just send in my defence? I think the last time I made a payment was in December 2009 I have a letter off them stating that I need to make a payment in Feb 09 of a certain amount to bring my account up to date, which I also didn't make.

[nemesis45]

Re: Possibly statute barred!

I have filed my soa and have sent out the CCA & CPR requests and also a letter sating that I believe it may be SB. I have not had any response from them at all. I am due to file my defence next week. Should I bother chasing anything or just send in my defence? I think the last time I made a payment was in December 2009 I have a letter off them stating that I need to make a payment in Feb 09 of a certain amount to bring my account up to date, which I also didn't make.

Good morning,

It is important to find out when exactly the last payment was made.
Do you know the date the account was defaulted?

nem

[christinez]

Re: Possibly statute barred!

How can I find that out?

Do I need that information to file my defence or is it up to them to prove that it isn't SB?

Thanks

[nemesis45]

Re: Possibly statute barred!

How can I find that out?

Do I need that information to file my defence or is it up to them to prove that it isn't SB?

Thanks

It is down to the claimant to prove the debt is not stat barred. However it is wise to have some back
up to your claim that it is.

Have you done a recent check on your credit files? This might give some guidance on timescales.

You can use Noddle it's free online.

nem

[christinez]

Re: Possibly statute barred!

I do have noodle but it isn't going back far enough. I have just found some paperwork and it looks like my last payment was 12 Jan 2010.

So I guess it is now when they took out the claim against me? I'll still put them to the work of proving it though as they might not think it's worth doing the digging as this debt has been around the block twice so to speak!

[christinez]

Re: Possibly statute barred!

I've received this letter.

I thought they could only extend the time up to 28 days, am I wrong? They obviously haven't got the paperwork necessary to take to court! How should I now proceed. Are they trying to trick me into doing nothing?

Thanks
Christine

[nemesis45]

Re: Possibly statute barred!

The extension can be 14 or 28 days the maximum allowable.
No CCA supplied the debt is unenforceable until the agreement
or compliant reconstituted one is produced.

nem