discontinued Statute Barred

**Amethyst** · 9th August 2018, 19:32:PM

Sounds weird so far... What kind of debt is it?

**flintstonefreddie** · 9th August 2018, 19:37:PM

I cannot upload the letter file too big, I will type it out.

we act for the claimant in the above matter and are in receipt of your defence.
we do not accept your defence and we have written to the court to inform them that we require this matter to progress to a final hearing.
By way of further information on this matter, from the information provided to us by our client this claim relates to you Vanquis Credit Card, account number xxxxxxxx ( "the account ") which you took out on 24th September 2010. You made a final payment the original vendor of the account in the sum of £30.00 on the 30th November 2010. The outstanding balance of this claim is £1064.91.
Our client Cabot Financial (UK) Limited purchased your debt on the 11July 2012 by way of legal assignment.This gives them the legal right to demand payment and as has become necessary, instigate legal proceedings.
We note that you assert within your defence that the account is statue barred. The Account is not statute barred. Section 29(5) Limitation Act 1980 (the Act) states that.

when a person liable for a claim acknowledges the claim or makes payment in respect of it the right of the action shall be treated as having accrued on and not before the date of the acknowledgment or payment.

Section 5 of the Limitation Act 1980 states that an action founded on simple contract shall not be brought after the expiration of six years from the date on which the action accrued. Pursuant to S. 29 of the Act, the six year time period in this matter commenced on the 30 November 2010. Accordingly any claim brought within six years will not be deemed statute barred.
The Claimant issued these proceedings on the 15 September 2017 within the six year Limitation period and as a result you cannot rely on the defence of limitation.
we have enclosed the following documents.

Terms and Conditions
Notice of Default

We do not consider your defence to contain any valid reason for the protection of this claim and we will be requesting the court to strike out your defence by making an application for Summary Judgement

**flintstonefreddie** · 9th August 2018, 19:42:PM

Hi Amethyst
it's a Vanquis credit card

**flintstonefreddie** · 9th August 2018, 19:52:PM

At the end if the letter the say they are able to offer me a Tomlin Order etc No need to go to court and attached is a Sample notice of default and also a credit card agreement with my name typed on it and signed on 24.09.2010 and some guys signature photo shopped on followed by the date 19.03.2012

**Amethyst** · 9th August 2018, 22:18:PM

Bizarre. Do you know when the account defaulted ? Any dates on that sample notice ?
Anything shown on your credit file previously that you know of ?
Just seen this is related to your other thread so I'll merge the two tomorrow. The claim is stayed with the court as you entered defence then nothing further happened ?

Likely a case of replying to their letter pointing out their

error.

No idea on the signature though - was a few months before it was assigned to Cabot and seems about right datewise for default IF the last payment was November 2011 and the 2010 is a typo ... so need to be a bit careful .... any way of checking your bank records ? Or remember if you opened a card account and basically only made one or two payments on it ?

**flintstonefreddie** · 10th August 2018, 13:30:PM

Thank you for all the reply's. Yes Mike it is stayed. I am on 12 hour shift today, but this evening I will upload the letter and documents received. Again Thank you for your help and speedy replies.

**flintstonefreddie** · 10th August 2018, 13:33:PM

Hi Amethest, yes case stayed and nothing up to this 15 th September 2017 was issue date of NCCBC court papers. Acknowledgement and Defence all submitted and accepted by the court within the deadlines.

**flintstonefreddie** · 10th August 2018, 20:58:PM

Hi,
I have uploaded the letter, I hope you can understand it.

Attached Files

**Amethyst** · 13th August 2018, 08:25:AM

Nice example Default notice there... not. Goodness me. The 'example' is dated 15th April 2009 and only gives to the 25th April (1992 wtf?)to rectify. That's less ( if you use 2009) than the 14 days specified s.88(2) CCA 1974. So rather weird they've used that to evidence their default notices were compliant, bcause that shows they weren't. The figures are wrong too - I realise they are 'example' figures but they haven't even bothered to demonstrate they were giving opportunity to rectify the breach by paying up arrears before calling in full amount. It's just been knocked up by some kind of womble.

Presumable you also have the front page of the agreement ( terms 1 to 10 )

No idea what that 2012 is for... did they really wait till 2012 to execute the agreement? after it had defaulted? any statement of account or anything included?

Did you SAR Vanquis at all? If not might be worthwhile ( Subject Access Request Letter )

Think you should respond to this letter in anycase as they are saying they intend to apply for summary judgment - you could point out their errors and give them the opportunity to withdraw without costs.... or you could just leave it and wait to see whether they actually follow through with an application. Either way I'd try checking back in your bank statements, and doing the SAR to vanquis see if you can figure out the default date and actual last payment date.

**jaguarsuk** · 13th August 2018, 08:59:AM

What a bunch of cowboys, I reckon my 15 year old daughter could do a better job of faking documents to try to substantiate a claim than these lot. And someone clearly can't count, because if they are saying the SB clock started on 30th Nov 2010 then the 6 year deadline was 30 Nov 2016 and so they have basically admitted that the debt is SB in correspondence to you.

I can't possibly see how this will go any other way than being dismissed regardless of what they have sent to you as that letter IMHO is fatal to their case. They're a year too late in bringing proceedings.

I would respond pointing out all their mistakes along with them admitting the debt became SB on 30th Nov 2016 and offering the chance for them to discontinue, then you won't pursue them for your costs of and occasioned in dealing with the matter.

If they apply for summary judgement I would defend via a witness statement and ask the claim is dismissed on the grounds it is statute barred as admitted by the claimant.

**flintstonefreddie** · 13th August 2018, 18:57:PM

Hi Amethyst and Jaguarsuk,
thank you for your response, yes I have the terms I to 10, I can upload them as well. I did some searching over the weekend and in Jan 2011 my ex wife left me suddenly. She left a large mortgage and a lot of unsecured credit and catalogue debt. Then she left me she went to another country and she was withdrawing money from my wages through our joint a/c. In Jan 2011 I opened my own bank a/c and my wages and all bills I had to pay went through that. The joint a/c was never funded from Jan 2011 and built up about 500 pounds in unpaid DD charges. I found an old Bank statement for this joint a/c and it has a payment by card from the a/c to Vanquis on are around the 15th Nov 2010.

**Amethyst** · 13th August 2018, 19:27:PM

IS that the last payment to Vanquis you can see ? With you opening a different account in Jan 2011 and that joint account not being funded, then it seems likely that was the last payment even if you had a DD set up as it would have bounced, so that does seem to be the date they are counting for statute barring. Usually they will try to rely on the default date, but they haven't managed to state when that was have they, and theres nothing on the credit file showing.

I reckon your next step is to reply and thank then for their letter and documents but that your defence of statute barred stands.

**flintstonefreddie** · 13th August 2018, 19:30:PM

Hi,

I have a couple of questions if somebody could help me please.

1) Is it a trick to get me to respond?
2) Is there any danger of restarting the SB clock by contacting them?
3)What is Summary judgement I know they can apply to NCCBC and pay a fee to have the stay lifted. If they do that does the case then proceed to Mediation and the option of a hearing at my local court or does the case take a different route?
4) I am not at all sure how to write the letter as in I am not sure of content or how to phrase my argument.

**Amethyst** · 13th August 2018, 19:36:PM

Once court claim has been issued the clock is stopped - if they discontinue then the clock starts back up …. so no, dealing with the court claim, unless you admit the debt/claim, can't be used as acknowledgment, and also once a debt is statute barred - a further payment or acknowledgment after that date ( so allegedly after 30 November 2016 ) cannot overrule that statuts ( section 27 limitation act 1980 )

If they apply for summary judgment then it would be up to you to defend their application ( by submitting a witness statement against the application to the court ) - it would still be moved to your local court if the judge needed a hearing but the mediation step is skipped.

WIll try give you a hand with a reply.

discontinued Statute Barred