Hi All,
I have recently received court papers issued by Howard Cohen in respect of an old credit card debt with Barclaycard.
I have spent the last 8 years trying to clear debt etc and am finally getting a decent credit rating.
I made a request for a CCA over 6 years ago which Barclaycard could not supply.
I have not made any payments towards this debt for more than 6 years but I'm not sure if a request for CCA constitutes an acknowledgment.
The debt also became statute barred in January 2016. I have received letters from Robinson Way and Howard Cohen threatening court so I again made a CCA request in January just before it fell off my file. Again, they wrote back saying they could not supply this and they were aware that until they could, the debt was unenforceable in a court of law.
Fast forward to ten days ago and I receive court papers. The original debt was £3707 but they are claiming nearly £6,000 with interest and their costs applied.
I acknowledged the form online stating I would defend this. So have about ten days to do so.
What do I do now. Do I defend on the grounds of it being statute barred or unenforceable due to lack of CCA. How do I defend, do I fill in more papers, do I include the letter from Barclaycard dated January.
Any help greatly appreciated.
Thanks,
Sue
I have recently received court papers issued by Howard Cohen in respect of an old credit card debt with Barclaycard.
I have spent the last 8 years trying to clear debt etc and am finally getting a decent credit rating.
I made a request for a CCA over 6 years ago which Barclaycard could not supply.
I have not made any payments towards this debt for more than 6 years but I'm not sure if a request for CCA constitutes an acknowledgment.
The debt also became statute barred in January 2016. I have received letters from Robinson Way and Howard Cohen threatening court so I again made a CCA request in January just before it fell off my file. Again, they wrote back saying they could not supply this and they were aware that until they could, the debt was unenforceable in a court of law.
Fast forward to ten days ago and I receive court papers. The original debt was £3707 but they are claiming nearly £6,000 with interest and their costs applied.
I acknowledged the form online stating I would defend this. So have about ten days to do so.
What do I do now. Do I defend on the grounds of it being statute barred or unenforceable due to lack of CCA. How do I defend, do I fill in more papers, do I include the letter from Barclaycard dated January.
Any help greatly appreciated.
Thanks,
Sue
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