statute barred debt ??

[browny101]

hi could any body please help me
myself and my wife took out a joint loan in 2008 however due to illness we were unable to fullfill our payments.
in february 2009 we were sent a default notice stating that all arrears were to be paid by march 2009 and we didnt comply with this
however we managed to make a few more payments on the account even though it was still in arrears and in default
the last payment we made was 16th august 2009
we recieved court proceedings for a ccj on the 20th september 2015 our defence was we think that this debt is statute barred however they say as another default notice
was sent to us in november 2009 that means that this debt was not statute barred at the time they issued court proceedings and that they are writing to the court
to have our defence struck out
can they issue a default notice even though the account is already in default ??
and could some body please help me and tell me when and if this debt is statute barred and when please

[Amethyst]

Re: statute barred debt ??

If you remedied the original default by making the payments then you might not be statute barred - but otherwise if you were defaulted as you failed to pay the amount asked for the bring the account up to date, then your last payment in August would have been the date for the limitations period starting, but it is close, if you remedied then missed the September payment then the date that payment was due could be the date for statute barring.

It will have fallen off your credit file I suppose?

[browny101]

Re: statute barred debt ??

yes it has gone off my credit file
however even though we made a few token payments the account was never brought up to date so to my knowledge it was still in default
or am i completely wrong

[browny101]

Re: statute barred debt ??

one more thing amethyst it says on your post you are the site owner
if so congratulations on a great site !!

[Amethyst]

Re: statute barred debt ??

yes it has gone off my credit file
however even though we made a few token payments the account was never brought up to date so to my knowledge it was still in default
or am i completely wrong

Nope you're not wrong. You can argue it in court I think if if defaulted and you made a couple token payments and the cause of action would have been the default, and limitations would be from date of last payment - so august 2009.

Would you be able to post a copy of what you filed as your defence pls ( don't worry if it's very basic )

If they are talking about applying for summary judgment then we should reply to their letter - could you post a copy of that too pls... take a photo and cover up names/addresses etc and upload here or email it to me admin@legalbeagles.info

( and thank you for the kind comment xxx)

[browny101]

Re: statute barred debt ??

hi and thank you once again we only filed our defence as "we believe this debt is statute barred" they have filled in a form saying request for judgement and reply to admission
they have ticked the box saying i have not filed an admission or defence even though we have) and have asked for us to pay immediately i am going to try and email you copies of the letters and application if thats ok do i need to blank things out if i email them ?

[Amethyst]

Re: statute barred debt ??

Completely up to you, I recommend it for sending anything to someone you don't know, particularly financial docs, I could be a romanian scammer for all you know ( I'm not, but you know what I mean) - Yes it's fine lol.... admin@legalbeagles.info - I will have to look in the morning though as I am almost done in for today xxx

[browny101]

Re: statute barred debt ??

i have sent them please let me know if you can read them ok
as you can see they are relying on the fact that they sent a default notice in october asking for arrears to be paid by november as november being the onset of the limitation period
even though the account had been in default since march

[Amethyst]

Re: statute barred debt ??

Got them, and can read them fine. I'll reply better tmw but all looks completely fine and you can work on a witness statement to send to the court before the hearing. Your letter to them disagreeing with their interpretation of the Limitations Act looks good too xxx

I will just suggest you get a CCA request sent off now as back up http://legalbeagles.info/forums/show...y-of-Agreement

[browny101]

Re: statute barred debt ??

they have sent me a copy of cca thanks

[browny101]

Re: statute barred debt ??

Hi amethyst thanks for the great advice I received a letter today saying they were withdrawing their claim however would it be possible for me to make a claim against them for time and litigation costs
Anything goes received would be donated to charity