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Hi can I have some help on a definite statuted barred debt This is being pushed on me by lowells only in the last month I have started getting letter from them they tried to get a ccj on me . The debt dates back to December 2009 when they said a payment was made 31st December 2009 they have also said a default was put on it 20th march 2012 of which nothing is showing on my credit report for any of this iv asked for agreement , statements etc which they said would be forwarded to me but nothing has come from them .. They have now sent a direction questionnaire knowing this debt is statuted barred going from last payment date can they harrasss me like this there is nothing to mediate over as they have not supplied documents and I know the debt is unenforceable. What do I do with this direction questionnaire as the debt cannot be enforced due to the dates they have given me which I have printed off as proof look forward to your reply
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Re: Catty
Hi Pippicat (or is it Catty?) & welcome to LB.
Have you received a court claim?
What is the debt for? (Credit card, loan, bank a/c, mobile phone etc).CAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
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"They couldn't hit an elephant at this distance!"
The last words of John Sedgwick -
Re: Catty
You must complete the DQ and return it to the court by the deadline given.Originally posted by Pippincat View Post
The claim is currently with NCCBC which is mostly a processing centre. They don't decide whether a claim or a debt is Statute Barred and/or unenforceable - only a DJ can do that in court.
Did you plead anything else in your Defence other than SB just in case it isn't. The last payment date isn't always the way SB is determined.
DiComment
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Re: Catty
If the last payment was 31/12/2009 then the default in 2012 is extremely late and unfair.
Is this Barclaycard by any chance?
nemComment
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Re: Catty
Hi and thank u for replying it's a old catalogue debt they have put it to the county court saying they were going to get a ccj if I didn't pay I sent in a defence saying I know nothing of this debt and last payment was 31st December 2009 which makes it a statured Barr debt being over 7 years old they have not sent me any agreement etc on the alleged debt which iv asked for they have now issued me with a direction questionnaire to mediate but cannot see what to mediate when it's clearly statured barred thanks look forward to your replyComment
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Re: Catty
Did you ask for the agreement with a formal s.77-79 CCA Request including the £1 statutory fee?Originally posted by Pippincat View Post
If not then send them one now asap.
DiComment
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Re: Catty
Hi that is what they have emailed me saying last payment was 31st December 2009 and it defaulted on 20th march 2012 that's 3 years later which is ridiculous it's with shop direct catalogueComment
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Re: Catty
When you say "they" have issued a DQ do you mean you've received it from the court or direct from Lowells (the court one to you should follow if that's the case)?Originally posted by Pippincat View Post
The DQ isn't only about the opportunity to have free Mediation. It asks other questions so that the claim can now be transferred to your local County Court who will write to you with a Notice of Hearing/Allocation and Directions including what both parties have to do and when to do it by.
DiComment
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Re: Catty
Hi di I asked lowells to supply the documents which they emailed me and said they have put it on hold while they get them but nothing has come iv now got this direction questionnaire can you explain fully what I have to do regarding the agreement etc I don't really remember having this catalogue as it's so long ago thanks
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Iv had the direction questionnaire from lowells not the court yetComment
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Re: Catty
Can you post up (type out) the Particulars of Claim which will be on the front page of the claim form.
If you believe it was a Shop Direct catalogue or if the POC state it was, then you can send a Subject Access Request to Shop Direct to get the full history of the account. This may clarify and/or confirm the payment history and the date any Default Notice was served. Both may be relevant to the SB issue.
Definitely send a formal CCA Request if you haven't done that already (from your posts it looks as if you haven't). This could give you a backup legal argument if the debt is not SB.
DiComment
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Re: Catty
In my defence I told them I know nothing of this debt with shop direct that it wasn't mine as I cannot remember even having a catalogue so I wasn't accepting liability for it and that I had asked lowells to supply me proof of which they haven't and that it's statured barred as lowells gave me a last payment date for 2009Comment
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Re: Catty
Okay then wait for the court to send you one or ring them on Monday to give them a nudge.Originally posted by Pippincat View Post
Lowells sent you theirs because they should, and also to send out the signal that they intend to continue with these legal proceedings despite what you've told the court in your Defence.
Sometimes this is done to put pressure on a Defendant to pay up. Don't let it spook you
DiComment
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Re: Catty
Are u saying I email shop direct for the full history will they hav that after this length of time I didn't think the default made any difference it was last payment dateComment
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Re: Catty
Exactly how did you ask Lowells to supply you with proof?Originally posted by Pippincat View Post
DiComment
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Re: Catty
Hi I asked lowells to supply me with the original agreement and statement from shop direct which they said they were going to put my account on hold and send me them it didn't happen I now have the direction questionere from them this debt is not showing on my credit report no default showing eitherComment
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