Is debt statute barred, court claim issued!

[Nicki1906]

Hi, i need some advice please, debt of approx £600 with hsbc credit card, I lost my job and hsbc did not want to help, the debt was showing on my credit file as defaulted 7/12/07..........roll forward a few years to 2013 and letters start arriving from a company called Hamptons chasing the debt which has now spiralled to £2112.

I called Hamptons and said needed to provide proof I owed the debt, they came back and said they were waiting to hear back from the original creditor (hsbc)......then all quiet and nothing.

letters started arriving early last year from Lowell chasing the same debt, had several offers to settle the debt for £1200, after taking advice I ignored all letters, as was told the debt was likely to be statue barred...I moved out of the address the letters were being sent to July and have been staying with a family member who is in poor health, I called to the house on a regular basis to check for post without any issues, only to find out that a claim form from bw legal had been issued on behalf of Lowell on 1st January, they are claiming the following:

the debt was defaulted 15.4.08
the debt was assigned to Lowell 16.12.11
the debt they are now claiming is now £2451 and includes interest

Lowell also claim a payment was made on 4.3.15 for £5 which I do not recall making, as far as I was aware Hamptons closed the matter in 2013 when they did not respond.

Does anyone know where I stand with this, I do not have an issue paying the £600 as that is what was owed when the problem started, I have no idea about the statute barred rule, I believe once the 6 years have lapsed that is it, so can if it is proved a payment was made last year restart the 6 year rule, I intend defending the claim but need to make sure I have my facts straight, obviously the default left my credit file long ago, don't now want a ccj.

Any help or advice is welcome I have already filed the acknowledgement of service, so not sure do i need to start requesting the CCA or do i just defend on statute barred?!!

[Amethyst]

Re: Is debt statute barred, court claim issued!

Hi, I've read your thread over on MSE ( Thanks Fermi ) - I didn't spot over there what date the claim was issued against you - although notice you said you needed to respond to the court tomorrow ? You've already filed your Acknowledgement so am assuming your defence date is nigh - Can you just give me the date at the top of the claim form please - then we can have a look at the rest of it - Thanks, and Welcome xxx

( ok was it 1st Jan and you've acknowledged it today ? )

[Nicki1906]

Re: Is debt statute barred, court claim issued!

The date of issue was the 1st January, i received the form on the 12th January, i was told by the court i have until the 20th to file my defence.

BW Legal said i had to respond by the 20th, they have since sent dated 12th January the title says Notice of Pending County Court Judgment and it goes on to say they have issued legal proceedings against it then says it do not contact them or respond to the claim they will enter a CCJ against me after the 26th January?

[Nibbler]

Re: Is debt statute barred, court claim issued!

I̶f̶ ̶y̶o̶u̶ ̶g̶o̶t̶ ̶t̶h̶e̶ ̶a̶c̶k̶n̶o̶w̶l̶e̶d̶g̶e̶m̶e̶n̶t̶ ̶i̶n̶ ̶i̶n̶ ̶t̶i̶m̶e̶,̶ ̶y̶o̶u̶ ̶s̶h̶o̶u̶l̶d̶ ̶h̶a̶v̶e̶ ̶a̶n̶o̶t̶h̶e̶r̶ ̶1̶4̶ ̶d̶a̶y̶s̶ ̶o̶n̶ ̶t̶o̶p̶ ̶n̶o̶w̶ ̶t̶o̶ ̶g̶e̶t̶ ̶a̶ ̶d̶e̶f̶e̶n̶c̶e̶ ̶i̶n̶.̶

[Amethyst]

Re: Is debt statute barred, court claim issued!

Okay, the 20th will be the deadline for acknowledging the claim in that case, as the 1st was a bank holiday there has possibly been a couple days leeway added .

BW legal can say what they like, but as you have now acknowledged the claim they will not be able to enter a judgment against you.

So we need to sort out your defence for before the 3rd Feb ( to be safe ).

So your first point was the Staute Barring .....

So account defaulted 7.12.07 ( on your credit file ) - Lowell states it defaulted 15.04.08 - no payment since it defaulted - Lowells state an alleged payment made 4.3.15 - Had conversation with Hamptons about the debt in 2013 ( asked them to prove it was your debt - Nothing in writing and no payment was made ) so if it defaulted/last payment made etc in April 08 it would become statute barred in May 14 - so the £5 payment alleged in March 2015 has no effect.

So I think you're fine arguing that.

We do need to send a couple of letters though to help give you a back up defence in case the Judge disagrees.... two tics

[Amethyst]

Re: Is debt statute barred, court claim issued!

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk ( you've done this phew! )
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

[Amethyst]

Re: Is debt statute barred, court claim issued!

So the CCA letter you need to send to LOWELL tomorrow with a £1 postal order ( you can get these from the post office ) This requires them to send you a copy of the original agreement you signed when you took out the credit card.

The CPR Letter needs to be sent to BW LEGAL - it can ask for documents mentioned in the statement of case - usually the contract/agreement and the default notice/notice of assignment. The default notice will be particularly important in your case as there is a dispute over the statute barred nature of the claim.

They will likely refuse to respond but in the letter you also ask them to agree an extension to the date for filing your defence, which if they do, will give you a bit more breathing space.

So your defence will potentially be that the debt is statute barred, that they have failed to comply with your CCA request ( which is an barr to enforcement ) and have failed to provide any evidence of assignment or default.

There's an example defence here to have a look at to get your head around things ( or scare you ) http://www.legalbeagles.info/forums/...t-Court-Claims and we'll have to add in to there about the debt being statute barred.


It would also be useful if you can get in touch with your bank and get a copy statement from March 2015 ( or download it from internet banking ) just in case you need to argue that you didn't pay them £5 ( shouldn't do but best to be prepared )


Any disputes with the debt before it defaulted ? problems with charges, interest rates changing etc ? Was there any PPI on the account ?


( sorry bit of reading there so I'll shush for a bit You'll be fine just keep on top of the dates now xxxx )

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Sorry to sound stupid, but i am looking at the page where i have acknowledgement of service, below it says Response forms and start defence, i assume i don't do anything with this until i have had the response back from the CCA and the CPR letters?

Also why do they have a different date on the default date to me, i have a printed copy of my credit file and it clearly shows Default Date 7.12.07

[Nibbler]

Re: Is debt statute barred, court claim issued!

Also why do they have a different date on the default date to me, i have a printed copy of my credit file and it clearly shows Default Date 7.12.07

There are two types of 'default', or things people commonly call a 'default'

(a) - A default notice issued under s87 of the Consumer Credit Act - which is a letter sent to you.

(b) - A default on your credit file.

Those 2 can be close in date in many cases, but they are technically and legally different things, and they can be a way apart depending on circumstances.

You are looking at the date for (b) while Lowell/BC are probably referring to the date for (a).

[Amethyst]

Re: Is debt statute barred, court claim issued!

Sorry to sound stupid, but i am looking at the page where i have acknowledgement of service, below it says Response forms and start defence, i assume i don't do anything with this until i have had the response back from the CCA and the CPR letters?

It's fine


How did you file your acknowledgment ? Have you filled in the form in the response pack or have you signed into Moneyclaim online and done it there ?

[Nicki1906]

Re: Is debt statute barred, court claim issued!

I did it online registered with the claim no. and the password on the claim form so have only completed what i think is the first stage.

Claim HistoryA claim was issued against you on 01/01/2016


Your acknowledgment of service was submitted on 19/01/2016 at 15:40:25

[Amethyst]

Re: Is debt statute barred, court claim issued!

Lovely stuff. that's perfect. the other bits in the response pack are for defending etc - and you don't need to do that just yet.

So now if you send the letters off we will need to either sort out an extension or file the defence before the 3rd of February. Keep copies of the letters and if you can send signed delivery even better.

Just don't send the letters and then wait for a reply - you might not get one..... so probably 28th Jan you will want to start putting defence together or chasing for an extension. If they don't reply and you do nothing before 3rd Feb then they will be able to enter a default judgment against you, so keep an eye on the dates.

When/if you get a reply then post up on this thread.

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Lovely stuff. that's perfect. the other bits in the response pack are for defending etc - and you don't need to do that just yet.

So now if you send the letters off we will need to either sort out an extension or file the defence before the 3rd of February. Keep copies of the letters and if you can send signed delivery even better.

Just don't send the letters and then wait for a reply - you might not get one..... so probably 28th Jan you will want to start putting defence together or chasing for an extension. If they don't reply and you do nothing before 3rd Feb then they will be able to enter a default judgment against you, so keep an eye on the dates.

When/if you get a reply then post up on this thread.

I have access to a printer tomorrow so I will do both letters and send them recorded post, just. hope I word them correctly, especially the part where I am asking them to agree to an extension

[Nicki1906]

Re: Is debt statute barred, court claim issued!

I have access to a printer tomorrow so I will do both letters and send them recorded post, just. hope I word them correctly, especially the part where I am asking them to agree to an extension

This is the CCA letter i am sending today, please can you confirm the wording is correct?



Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter, note that these funds are not to be used for any other purpose, If you are unable to comply fully and properly with this request, you should confirm this in writing at your earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Yours faithfully,

[Nibbler]

Re: Is debt statute barred, court claim issued!

If it'e from the CCA/CPR link Amethyst gave, then sure it's OK.