Hello

[Faiz]

Hello everyone,

I came across this forum when researching in how to challenge an old debt which I am being chased for.

The debt was originally a Tesco credit card, which was then taken over by Cabot and now Mortimer Clarke Solicitors.

I have received a letter threatening county court judgement which I would like to avoid as my credit file is now nearly clean as the previous debts should drop off as it is coming up to 6 years.

I have had no interaction with anyone regarding this debt for the last 5-6 years. The default date is 31 March 2015.

The last letter from Mortimer states they shall allow 30 days for me to contact them. 30 days is tomorrow. I have just called them requesting CCA and a statement which has now put the case on hold until they supply me with the said information.

Have I done the correct thing by calling them?

Also, would love to be pointed in the right direction to find out more information to help me.

Thanks

[GoodOldBoy]

The general rule is DO NOT CALL THEM. Do everything in writing in case you have to prove what has been said at some later point.

It seems that all you have to do is stall them until you reach the magical 6 years (5 in Scotland) from the default date without making any payment or written admission of the debt when the Limitation Act makes the debt statute barred.

Again, do everything in wtiting, letters are best as they slow thing down going back and forth.

[Faiz]

The only reason I called them was due to the 30 days being up and I didn’t want them to start the court procedure.

In terms of stalling them, what can I do to stall them until March?

I shall do everything in writing from this point on.

I have requested the CCA and a statement from the original creditor. How long do these usually take to be sent out?

[GoodOldBoy]

I have requested the CCA and a statement from the original creditor. How long do these usually take to be sent out?

With a bit of luck - forever. A few weeks is fairly normal. If the original lender does not have a copy of your agreement they may 'reconstruct' one (which they can legally do). I had a case (Nat West) where they wrote back admitting they had 'misfiled' the agreement and telling me that made the (£13,000) debt unenforceable.