Statute barred if claim struck out?

[notts_dave]

Hello,
Mortimer Clarke took me to court back in 2010 for an unpaid car loan, the debt was £4800 but they were wanting to add a high interest to bring it up to £10500. I disputed the claim.
MC tried then to get me to sign a Tomlin order agreeing to the inflated sum but I refused.
The court contacted me some weeks later to say that the claimant had failed to return the directions questionnaire and the claim was struck out.
Cabot have now contacted me to say that the debt can never be statute barred because it had previously been subject to legal action.
Does anyone know what the legal position is here? Bearing in mind that the claim never actually reached the courtroom.

[Leaf]

If the claim was struck out in its entirety, then the time barring 'clock' would start ticking again. Are you certain the claim is not stayed and that it was their application to unstay it that was struck out? It is highly unusual for a debt purchase company to add a large amount of interest? Was the interest added before it was sold on by the original creditor?

[notts_dave]

If the claim was struck out in its entirety, then the time barring 'clock' would start ticking again. Are you certain the claim is not stayed and that it was their application to unstay it that was struck out? It is highly unusual for a debt purchase company to add a large amount of interest? Was the interest added before it was sold on by the original creditor?

The Particulars of Claim from MC in 2010 stated:
"1. Amount due and unpaid 4972
2. interest at the amount pursuant to the agreement namely 4974.62 & continuing until the judgement or sooner payment at the daily rate of 1.96. Also interest at the rate pursuant to the agreement from the judgement date until payment"
The amount claimed is 9898.85 + 190 (court fees) + 100 (solicitors fees). Total 10188.85

I disputed the claim primarily because I believed it to be statute barred. MC then wrote directly to me asking me to sign a Tomlin agreement. I didn't reply to their letter as they had provided no evidence that it wasn't statute barred.

I remember that the court wrote to me advising that MC had failed to return the directions questionaire and the claim was struck out. I still have the claim form but other papers may have been lost in the intervening years.MC were acting on behalf of Marlin who I think became part of Cabot in 2014 or thereabouts.

Marlin did send me a letter in 2012, which I still have, requesting £4924.23 (no interest this time, but still different from the amount claimed in 2010). Cabot have resurected the higher figure and added a few hundred on top.

If the statute barred clock started ticking agin in 2010 then it's now well passed that. Cabot also stated in their recent correspondence that the Tomin order "it was agreed that you would settle this", although I never signed anything.

What do you think I should do?

[Leaf]

I would ring the court firstly to be 100% sure the claim is dismissed. Once sure, a letter can be drafted. If you didn’t sign a Tomlin Order, it is not relevant.*

[jaguarsuk]

And if you have signed a Tomlin order they'd have sent you a copy with the latest letter.

It seems like they are bluffing in the hope you'll pay up.

Check with the court the status of the claim and if it is indeed struck out request a copy of the order striking it out be sent to you.

You will then be able to write back to them and tell them where to go.

[notts_dave]

Finish of this was that Cabot dropped everything when I went to the financial ombudsman