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Statute Barred Debt & a letter before claim

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  • Statute Barred Debt & a letter before claim

    Good Afternoon

    Firstly - this forum is an absolute god send and I've found out so much!

    I have two questions:

    Q1 - My old university have contacted me due to an outstanding balance for my residential halls - I replied and asked for a copy of the agreement etc... which they sent over etc.. but gave me 7 days to pay otherwise it would go to a collection company. A collection company did make contact back in November, I did not respond and they wrote to tell me it would now be sent back to the claimant for them to consider their actions. In April the debt becomes statue barred - I've seen that they would need to send me letter before cllaim (and 30 days to respond) and then allow me 30 days to seek advice. Would that mean I'm very close to having the debt statue barred? I.e if I didn't receive the letter of claim until the middle of Feb, then with the 60 days it would become statue barred?

    Q2 - I was sent a claim form from a payday debt a few years ago, I panicked, and agreed a monthly repayment plan and received a CCJ?. However, I never received a letter before claim for that - is there anything I could do with that or do I simply have to accept it now?

    Thanks in advance!
    Tags: None

  • #2
    Hiya,

    1) Is this your rent for halls ? When are you counting the 6 years from - your last payment made in April or was that the payment you didn't make ? ( was it split to pay your rent just after each maintenance loan payment? so Oct/Jan/Apr ? and then your tenancy ended July ? )

    2. Sadly, you're stuck with that. If it happens again and you panic - speak directly to the claimant and get an arrangement set up outside of court with the case on hold - rather than making an admission and offer to pay through the court - so that you don't get another CCJ. That one you have will fall off the register/your credit file after 6 years but till then you're stuck with it I'm afraid
    Away till 25th May xx

    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.”
    Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    Comment


    • #3
      Hi - Thanks for your response !

      The 6 years in April is from when it was last acknowledged as my debt. The debt itself is from 2010 so would have been statue barred a long while back if not. My Dad acknowledged the email whilst I was suffering from mental health issues (he used my account and signature so I've just accepted it really). - They did send me a copy of that email in November so I'm guessing they're also aware of the SB date coming up.

      Thanks!

      Comment


      • #4
        Ahhh, bless your dad... in that case yes - if that's the date they are relying on, and seems like that will be the acknowledgement rather than last payment, end of agreement or default, then yes you have to get past April. You'll be winging it a bit.... if they do send a letter of claim with a reply form, you'll have to return it saying "I don't know if I owe this debt" - requesting documents, and saying you will be seeking advice once you have received the documents ( and you will need to evidence that so actually do try get an appt at CAB to look over it if you can )...they may just issue a claim just before the date in April when your Dad helped out, and then you'll have to deal with it - probably as it was a tenancy rather than consumer credit debt - and you recognise it etc - just sort out installment payments ( so while at CAB get your IE sheets and any other debts sorted out too ) to try and avoid having a CCJ against you for the next 6 years. Is the amount something you could pay off over say 12 months without it killing you?

        You haven't heard again since November though so keeping your head down and an eye on your post is really all you can do for the moment. It seems they are well aware of the SB status coming up so you are likely going to be getting a letter of claim over the next couple months xxxx
        Away till 25th May xx

        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.”
        Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

        Comment


        • #5
          Hi - still nothing. The university closed a few years ago so I'm praying their limited resources mean I don't hear anything in time.

          Thanks for your help!

          Comment

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