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Hoist Finance ex Barclaycad

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  • Hoist Finance ex Barclaycad

    Hi can I get some help please!!!!
    I've just received a court claim from Hoist for £9527.12 plus fees so total £10037.12.
    I have acknowledged the claim & printed off the cca & car letters ready to send. How do I know if this debt is statute barred? It was from 2013 and I think I defaulted in in 2014/15. Any Help Please would be appreciated
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  • #2
    Originally posted by Guest View Post
    Hi can I get some help please!!!!
    I've just received a court claim from Hoist for £9527.12 plus fees so total £10037.12.
    I have acknowledged the claim & printed off the cca & car letters ready to send. How do I know if this debt is statute barred? It was from 2013 and I think I defaulted in in 2014/15. Any Help Please would be appreciated
    Hi

    The debt becomes statute barred IF more than 6 years have passed between the expiry of the Default notice served under s87 CCA 1974, and no payment or acknowledgment has been made in those 6 years, and crucially you havent been sued inside those 6 years, As long as there is a clear unbroken period of 6 years from the day the default notice expired, where you made no payment or acknowledgment of the debt and no claim has been issued, you would have a good argument for limitation.

    Look at the case of PRA v Doyle which confirms this
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

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