**WON** county court statute barred debt

[andy52]

hi i am new to the forum and joined as i cannot get advice i need from national Debtline.
i have a debt that dates back to December 2009 for a capital one credit card...I received papers from the county court on 25th july this year 2016 as i have not made payment or acknowleged the debt since December 2009..i managed to speak to national Debtline who told me the debt would be statute barred as it is 6 years and 7 months old,and told me what to write as my defence for the county court which i did...the county court then replied back to me who said they had handed it back to the creditior in this case Cabbot finance and there solicitors which are Restons..

Restons sent me a letter stating they received my defence from the court but have told me they want proof of when i last made a payment or acknowledged the debt..or they will get the court to strike out my defence.The proof i do not have and don,t know how to get proof as there is nothing on any of my credit files..i went back to national Debtline and a different advisor told me i need a solicitor...i have in the end made an appointment to see citizens advise....

This has sort of got me in a knot as i am not sure what else i can do so i was wondering if anyone has got any sort of advice or maybe anywhere else i could turn for help....
any help or advise would be gratefully appreciated
many thanks in advance

[Amethyst]

Re: county court statute barred debt

Urghhh. Nat Debtline annoy me in these kind of situations. why tell you what to say in your defence but not tell you the onus of proof is on them not you.

The basics are that the onus of proof is on the CLAIMANT / CREDITOR to show that the debt is NOT statute barred - not on you to show it is.

So you should reply to the letter from Restons, but it'd be good to see a copy of the letter first - also can you confirm exactly current status of the court claim - you have defended and the court has sent that on to Restons, and basically waiting to see if Restons want to proceed ? ( ie you haven't had a directions questionnaire as yet?)

How much approx is the claim for ?

Do you have a record of the default date of the card ? ( what shows on your credit file, if anything, is a good starting point, and if it isn't showing on there then it's likely to have defaulted before the 6 years - it's then a question of do you have any record of paying a third party debt collector etc ?)

[andy52]

Re: county court statute barred debt

i will try and see if i can get a copy of Restons letter uploaded the status of the claim states the claiment has 28 days from recieving a copy of the letter from the court with my defence after the 28 days the claim will be stayed,in which the claiment would have to apply for an order to lift the stay...like a mentioned there is nothing on any credit file with regards to capital one or Cabbot finance and i have not paid or made contact with the creditiors or any 3rd party,just this letter from the court dated the 25th of july stating cabbots were appliying for a ccj

[andy52]

Re: county court statute barred debt

forgot to add the amount they are looking for with costs is £1839.45.....i just cannot understand why they have waited so long before pursuing this...as this has just all arrived out of the blue..

[Amethyst]

Re: county court statute barred debt

It isn't unusual unfortunately for dca's to wait until the cusp of statute barring to whack in a court claim before they are out of time.... they rely on the wrong dates often though so should be defendable on that basis. When you upload Restons letter could you also try paste a copy of what you put in as your defence too please.

[andy52]

Re: county court statute barred debt

i will do,many thanks for your help i am off to get a scanner so i can uploads documents,as for my defence though i did it online using the mcol system that came with the court papers,but i put what nat debtline told me which was i am defending this case on the fact that this debt is staute barred under the limitations act 1980. due to it being more than 6 years and 7 months old....had i known what i do now i should have maybe added something about proof of the debt and last known contact on it but the guy at nat debt line said that was more than enough to put

[Amethyst]

Re: county court statute barred debt

Have you got a phone with a digital camera on? Usually they are good enough quality for our needs xx

NatDebtline could do with a kick sometimes... lol.

[time2burn]

Re: county court statute barred debt

Hi andy52

Basically as Amethyst states
THEY have to prove you are NOT statute barred - not u do their work for them
this is normal trying it on, phishing expedition stuff- many will cave under a court claim and paperwork- just write a simple NOTICE stating the it is not your reap to do their work and they are responsible for evidencing any truncations within the last 6 yrs, of which you are not aware.
if they cannot provide such evidence then the courts decision stands, and to get lost etc

Hope that helps
please don't worry- you should be ok if 6 yrs has elapased

Regards

simon

[andy52]

Re: county court statute barred debt

i have gone and got myself a printer scanner just incase i need to print documents anyway...here is a copy from Restons,i am just not sure what i should send to them or say without tripping myself up...

[MIKE770]

Re: county court statute barred debt

Rectums at it again!, the onus is on them to prove you wrong not you to them

The ball is in their court now. look out for court directions. adhere to them, not Rectums.

[time2burn]

Re: county court statute barred debt

love it- they say ' we invite you to withdraw your defence'
I'm sure they do!
shows they have nothing
just trying it on

just ensure once the 28 days is up you contact court to confirm it is stayed- get an email or something from court as confirmation- that is what i have done in past- just for reassurance

simon

[andy52]

Re: county court statute barred debt

thanks for the advice,so do i need to send anything back to Restons or just wait until the court gets back in touch with me

[Nibbler]

Re: county court statute barred debt

our instructions may be to make an application to strike out... blah blah blah.......

LOL.

Their instructions also may be to:

- Stick 42 bananas up their noses.
- Only speak Spanish to their clients for the next 10 years
- Turn up at court bare arse naked.
- etc etc.

May be covers a lot of just as likely possibilities.

[charitynjw]

Re: county court statute barred debt

It has been known for Claimants, or original creditors, to i̶n̶v̶e̶n̶t̶ 'discover' payments which bring the claim into the magic 6 year period.
These 'phantom' payments need to be closely scrutinised.

[andy52]

Re: county court statute barred debt

went to citizens advice today and the woman there was really helpful ...she explained that a statute barred debt starts from the date of the first non or missed payment so long as there has been no acknowledgement,payment or any third party contact over the debt..she printed of a couple of pages from a law guidance book that the county court judges use dated 2015,she gave me copies for myself for my file along with a copy to send to Rectums...she also said it would be interesting to see if rectums and cabot come back with any fabricated dates and documents as apparantley it hasn,t been long since they were both investigated by the fca due to the way they do things..so i sent a copy of the paperwork she gave me with a copy of there own letter by first class signed for post and kept proof of postage tommorow i will check if it has been signed for and get a copy of that,so now it,s a wait and see game to see what they came back with....the woman at the cab had nothing but praise for this forum/website so keep up the good work many thanks from myself for the advise and will report back when the next instalment of the saga turns up