How to deal with statute barred court claim.

[steveeasy]

Hi,
Received a court claim from link financial for a debt they purchased in or around 2008. A MBNA credit card, Defaulted in 2007 and default registered in 2008. absolutely no contact with link financial or made payments since 2008. I now have good credit file,


Ive received the court claim and have informed the court I do not acknowledge the debt, have not had a CCJ within six years relating to the debt. I have also not made any payments or admitted to the debt. what more do I need to do. do they have to prove the debt is legally enforceable.


Many Thanks

steveeasy

[charitynjw]

Re: How to deal with statute barred court claim.

Hi steveeasy

What is the issue date on the court form?
Have you acknowledged the claim?
Are you saying you've entered a defence based only on Statute-barred?

[steveeasy]

Re: How to deal with statute barred court claim.

Hi,
6th April 2016. My defence ive entered is I have no knowledge of the debt, and I have not made any payments or admitted the alleged debt. ive not received any Judgement to the debt or made any payments in the last six years. my deadline was 9th may I believe.

Steveeasy

[charitynjw]

Re: How to deal with statute barred court claim.

Hi,
6th April 2016. My defence ive entered is I have no knowledge of the debt, and I have not made any payments or admitted the alleged debt. ive not received any Judgement to the debt or made any payments in the last six years. my deadline was 9th may I believe.

Steveeasy

I also calculate 9th May.
Have you requested a s78 CCA and a CPR 31.14? (see green bits, top of thread)
If not, it would be an advantage - get proof of posting, CCA to Claimant (with £1 PO marked 'For Statutory purposes only); CPR to solicitor (No payment needed - I'm guessing that the case hasn't been allocated to Small Claims track yet, as CPR31 can't be used once allocated).

[steveeasy]

Re: How to deal with statute barred court claim.

Hi,
ok ill do these today. Am I right in thinking though, if its statute barred which it is, its not legally enforceable. Will the court ask for proof from the finance company.

steveeasy

[nemesis45]

Re: How to deal with statute barred court claim.

Hi,
ok ill do these today. Am I right in thinking though, if its statute barred which it is, its not legally enforceable. Will the court ask for proof from the finance company.

steveeasy

Unless you live in Scotland where a statute barred debt is " extinguished" after years, in England & Wales the debt still exists and can be pursued by all means short of court action until the " creditor" is informed in writing of the status of the debt.

nem

nem

[steveeasy]

Re: How to deal with statute barred court claim.

HI,
Should I add anything more to my defence then, should I inform the court ive requested s78 CCA and a CPR 31.14.

thank you

steveeasy
,

[nemesis45]

Re: How to deal with statute barred court claim.

HI,
Should I add anything more to my defence then, should I inform the court ive requested s78 CCA and a CPR 31.14.

thank you

steveeasy
,

The court has it's fixed processes so you can just tell the court about requests, you will have the opportunity to mention such matters in your witness statement IF the claim gets that far.

We would normally advise that the CCA/CPR requests are made after acknowledging a claim and before entering a defence thus getting information to support your defence.

nem

[steveeasy]

Re: How to deal with statute barred court claim.

How interesting ,
actually I lived in Scotland between 2003 and sep 2006. when the alleged account was opened 25/02/2005. does this change things.

thank you for your valued responses

[nemesis45]

Re: How to deal with statute barred court claim.

How interesting ,
actually I lived in Scotland between 2003 and sep 2006. when the alleged account was opened 25/02/2005. does this change things.

thank you for your valued responses

Your Residency status in now English so no effect.

nem

[steveeasy]

Re: How to deal with statute barred court claim.

Hi,
Ive received a response back from link financial. on the claim form link financial state they took over a debt owned by MBNA on 20/08/2008 and stated they told me serving notice soon after. Now what actually happened is payments were made continually to MBNA until October 2010 each month. Link financial wrote to me on 24th march 2011 introducing themselves and notifying me they were taking over the debt as of 20/08/2008. (some 3 years earlier) This is the evidence they have provided me. as such they are saying its not statute barred


should link financial not have provided proof they notified me on 20/08/2008 or soon after. who was I paying. I must have thought I was paying MBNA as that is who I paid. Ive sent CCA and CPR to link financial. Do they still need to provide a copy of the original agreement and or proof they actually notified me in 2008. why would they notify me three years later they were taking over a debt in 2008. did I actually pay link financial they say not.

In 2011 I had no idea who link financial was I had been paying MBNA.

thank you for any advice in advance.

Steveeasy

[nemesis45]

Re: How to deal with statute barred court claim.

Hi,
Ive received a response back from link financial. on the claim form link financial state they took over a debt owned by MBNA on 20/08/2008 and stated they told me serving notice soon after. Now what actually happened is payments were made continually to MBNA until October 2010 each month. Link financial wrote to me on 24th march 2011 introducing themselves and notifying me they were taking over the debt as of 20/08/2008. (some 3 years earlier) This is the evidence they have provided me. as such they are saying its not statute barred


should link financial not have provided proof they notified me on 20/08/2008 or soon after. who was I paying. I must have thought I was paying MBNA as that is who I paid. Ive sent CCA and CPR to link financial. Do they still need to provide a copy of the original agreement and or proof they actually notified me in 2008. why would they notify me three years later they were taking over a debt in 2008. did I actually pay link financial they say not.

In 2011 I had no idea who link financial was I had been paying MBNA.

thank you for any advice in advance.

Steveeasy

Good morning,
You will have to hope that they cannot fulfill the CCA request, either by not being able to supply the agreement or they supply a non compliant one.

nem

[steveeasy]

Re: How to deal with statute barred court claim.

Good morning,
You will have to hope that they cannot fulfill the CCA request, either by not being able to supply the agreement or they supply a non compliant one.

nem

hi,
just like to clarify what link financial have sent me as there evidence. A copy of a letter they wrote to me on 24th march 2011 dated 24th march 2011 introducing themselves and notifying me they were taking over the debt as of 20/08/2008. (some 3 years earlier)

would they really have sent a letter informing someone they were taking over a debt (present text) but three years before. it does not make sense. Did they ever inform me before?, if they had, they would not be writing the same letter three years later.

just thought id clarify the situation,

Steveeasy

[nemesis45]

Re: How to deal with statute barred court claim.

hi,
just like to clarify what link financial have sent me as there evidence. A copy of a letter they wrote to me on 24th march 2011 dated 24th march 2011 introducing themselves and notifying me they were taking over the debt as of 20/08/2008. (some 3 years earlier)

would they really have sent a letter informing someone they were taking over a debt (present text) but three years before. it does not make sense. Did they ever inform me before?, if they had, they would not be writing the same letter three years later.

just thought id clarify the situation,

Steveeasy

Morning Steve,

The Notice (s) of assignment should technically when the debt was first acquired, but some debt purchaser have at times delayed this until they intend to start chasing a debt.

However the original creditor should have sent an NOA as well.

nem

[charitynjw]

Re: How to deal with statute barred court claim.

Hi,
Ive received a response back from link financial. on the claim form link financial state they took over a debt owned by MBNA on 20/08/2008 and stated they told me serving notice soon after. Now what actually happened is payments were made continually to MBNA until October 2010 each month. Link financial wrote to me on 24th march 2011 introducing themselves and notifying me they were taking over the debt as of 20/08/2008. (some 3 years earlier) This is the evidence they have provided me. as such they are saying its not statute barred
IMHO it's not SB, as you have acknowledged the debt, & Link knows that.


should link financial not have provided proof they notified me on 20/08/2008 or soon after. who was I paying. I must have thought I was paying MBNA as that is who I paid. Ive sent CCA and CPR to link financial. Do they still need to provide a copy of the original agreement
Yes, or at least a reconstituted copy, by virtue of s78 CCA (as long as you have made the request correctly - do you have proof of posting?)
and or proof they actually notified me in 2008. why would they notify me three years later they were taking over a debt in 2008. did I actually pay link financial they say not.
I'm not aware of any time limit on sending out an NoA - just that the assignment is not a legal assignment until you are informed in writing

In 2011 I had no idea who link financial was I had been paying MBNA.

thank you for any advice in advance.

Steveeasy

I would be endeavouring to find out what happened to those payments!