Defending on a CCJ Statute Barred Debt.

[Heebee23]

Hi everyone

I received a CCJ request via Arrow/Restons for an old debt on a Sainsbury's credit card.
After checking my one and only bank account for the past seven years no payments were ever made in relation to the debt. No contact made from me to acknowledge the debt in any way.

I put in a defence of Statute Barred,maybe in haste as I was, and am convinced no payments were made by me since 2009.I was also a little bit terrified to be honest.

The problem I have is that on an old credit report of mine dated 2012 it shows random payments had been made on the account in the 1-12 months bracket.So I assume this would cover the year 2012

I am flummoxed as I have been through my one and only bank account with a fine tooth comb and there is nothing at all to support these payments were ever made.The figures are all quite random with varying amounts being paid .There is literally nothing there for that year or the years previous or after that bears any relation to this.

Does anyone have any idea how this could happen?

Would be so grateful for any help

[charitynjw]

Re: Defending on a CCJ Statute Barred Debt.

Hi Heebee23, welcome to LB.

[Heebee23]

Re: Defending on a CCJ Statute Barred Debt.

Thank you for the welcome

[charitynjw]

Re: Defending on a CCJ Statute Barred Debt.

Could you give us an approximate idea of the alleged debt?

Even better if you could post up, or type verbatim, the Particulars of Claim (removing personal details).

[Heebee23]

Re: Defending on a CCJ Statute Barred Debt.

Thank you so much for taking the time to reply.
The details are as follows.

The claimant claims payment of the overdue balance due from the defendants under a contract between the defendant and Sainsbury's Bank.dated on or about Aug 04 2006 and assigned to the claimant on April 23 2013.

Particulars a/c no xxxxxxxxxxxx

Default balance £5878.61
Post Refrl credit Nil

Total £5878.68

[warwick65]

Re: Defending on a CCJ Statute Barred Debt.

Have you ever sent a CCA request off to anyone or maybe a SAR?

If not you should get a CCA request off to Arrow global asap and a SAR to Sainsbury
The templates are in the green box at the top
the CCA needs a £1 cheque or postal order amd goes to Arrow
the SAR needs a £10 payment and goes to Sainsbury- that may shed light on the payments
I would also send a CPR 31.14 request off to restons asking for the contract and notice and deed of assignment
[MENTION=87380]Diana M[/MENTION]

[charitynjw]

Re: Defending on a CCJ Statute Barred Debt.

Ok, thanks.

How long ago did you file your defence?
Has the court accepted it & sent it to the Claimant yet?

EDIT
X-posts with [MENTION=98117]warwick65[/MENTION].........again, lol! (Evening, Warwick! )

[warwick65]

Re: Defending on a CCJ Statute Barred Debt.

EDIT
X-posts with @warwick65.........again, lol! (Evening, Warwick! )

Evening

Sorry just saw it and started typing - better than washing up

[Heebee23]

Re: Defending on a CCJ Statute Barred Debt.

I will do that as a matter of urgency on Monday.

I was my usual self and acted first and thought about it after.
Does it matter that I have already given my defence without sending the documents out that you list above?

I think I went in all guns a blazing as I am absolutely certain I haven't made a payment and my bank statements support this.

I just don't know how there can be any payments there at all,it just doesn't make sense.
I pay everything through my bank account and would never entertain paying for anything in cash.I am to
lazy for a start.I can't think of a single time I have ever payed a bill by cash!

Flummoxed I am,Flummoxed

[warwick65]

Re: Defending on a CCJ Statute Barred Debt.

get the documents sent on Monday

There may be a possibility of amending your defence but I'm not sure of the technicalities, if it will cost you ( probably if you are working) and how you go about it. It may not even be necessary - see what others say

[Heebee23]

Re: Defending on a CCJ Statute Barred Debt.

Sorry missed the post about how long ago that I filed.

I filed it on Thursday online,,like I said all guns a blazing.Feel like a proper twat now as I should have come on here first,shouldn't I.

The only thing I have going for me is that their is no record of any payments.

Will send of the letters and await a response.

Has there ever been a case where payments show in credit file but not made by the debtor?

[charitynjw]

Re: Defending on a CCJ Statute Barred Debt.

There may be a small window of opportunity to amend the defence without cost, depending on whether or not the court has processed the submitted one.

Can you access your details via MCOL?
If not, phone the court on Monday as early as poss for a status update.

[Heebee23]

Re: Defending on a CCJ Statute Barred Debt.

I can access it through MCOL,
If I need to amend it what should I amend it too.
Or should I just ask for more time .

[charitynjw]

Re: Defending on a CCJ Statute Barred Debt.

See what it says on MCOL & let us know.
& send the CCA, CPR & SAR letters anyway, per Warwick's post above
Circa £6k, so you want to give yourself the best possible fighting chance,

[Heebee23]

Re: Defending on a CCJ Statute Barred Debt.

This is the info on MCOL.

A claim was issued against you on 15/05/2017


Your defence was submitted on 17/05/2017 at 20:48:44


Your defence was received on 18/05/2017 at 08:02:27