Information if a debt is statute barred or not?

[AshRahman]

Re: Information if a debt is statute barred or not?

I found this on a website about small claims.
If they haven't filed for a judgement then I would assume the claim would have been "stayed". Does anybody know anything about such things?
Thanks.

If the claim is for a specified amount, e.g. £2340.00, and the defendant has not responded to your claim, you should apply to the court to enter judgment in default as soon as possible after the 14 day period has expired and in any event within six months, as failure to do so will result in your case being stayed.
If this happens the only thing you can do is apply to the court for an order to have the stay lifted. However, if the defendant then responds, the defence response will take preference over your application – despite the fact that the defendant has responded late.

- - - Updated - - -

So would that look bad for the debt collecting agency? Adding debts together I mean.

[Diana M]

Re: Information if a debt is statute barred or not?

They basically said they sent a claim form in 2014. Which I don't recall.
Then no more mention of that. Then they went on to ask me to call them so that they don't take court action.
I'm pretty sure they don't have a judgement.
It's just if they did file a claim can they go back to the court with it or not after 3 years?

Do you recognise the debt?

Have you moved house since 2014?

I suggest you immediately send a s 77-79 CCA Request to Marlin if their account reference and address details are included in Mortimer Clarke's letter (is it Marlin II or V by any chance?). The debt 'owner' may show as Cabot Financial.

If you send your CCA Request to Marlin then send a copy of it to Mortimer Clarke solicitors.

If the debt owner's details aren't clear then send the CCA Request to Mortimer Clarke solicitors.

If they have not yet obtained judgment (CCJ by default) then your CCA Request may help to protect your legal position. Once judgment has been granted they are not obliged to comply.

If they issued a claim in 2014 but didn't proceed it would remain 'parked' at NCCBC until either party did something.

If you didn't receive the claim form and therefore didn't file an Acknowledgement of Service or a Defence then the claim would not have been stayed.

My firm is dealing with a similar situation at the moment where the Claimant told our client that the account was 'on hold' so they did nothing in response to the claim. Then three years later they entered judgment. An Application to set-aside has followed.

I would also send a Subject Access Request to Mortimer Clarke to get the legal history (if it exists).

Di

[AshRahman]

Re: Information if a debt is statute barred or not?

Hi Di,

Thanks for the information.

I do recognise the debt, it was an old account i had with HSBC from my uni days and then after i graduated it became my main account.
I ran it fine for a long time, (1997- terminated by the bank in 2010) never an issue and then credit crunch time i hit problems financially.

I have moved since 2014, but only 5 months ago. The address they have on file was where i lived for 35 years. So in 2014 i was there.

It is Marlin Europe I Ltd. They have not included Marlins address details. Only a reference number and Mortimer Clarke's details.
Pardon my ignorance, but what is a S77-79 CCA request? Is it a letter or a particular form?
Would it not be worth asking them to prove details of the claim, or even say its statute barred and see their response because i did check trusts online and my credit files and i did not have a CCJ against my name from 2014. So i don't think they received a judgement by default.

If they had sent a claim form and i had not responded, is it likely they would have not acted on it? Would companies normally proceed and just get a CCJ?

Thanks for your time.
Really appreciate it.

[warwick65]

Re: Information if a debt is statute barred or not?

http://legalbeagles.info/library/gui...etter-example/

There is a S77-79 request template

You need to send a cheque or postal order for £1 with it (if a postal order make it a crossed one)

You may need to google marlin Europe to get an address- when I did it I got a phone number to call them for the address but my worry is they will try and get you to 'engage' with them over the phone and pass security

I would also send a copy of the request to the solicitors but make them clearly aware it is a copy

It does seem that there is a bit of a review going on within the Cabot group of companies about older accounts- they went on an a series of acquisitions during the last few years so maybe are finally trying to get their house in order

[Diana M]

Re: Information if a debt is statute barred or not?

I did have a credit card with them. Surely they can't put everything into an overdraft?

This may be key!

I'll explain later but right now do not ring Marlin (Cabot) or Mortimer Clarke under any circumstances.

Send the s 77-79 CCA Request to Mortimer Clarke without saying anything else. You may/will need to send a second one to Cabot/Marlin but right now get this one in the post to Mortimer Clarke as fast as you can.

I've not changed my mind I've simply spotted something (actually a couple of things) which may need a different tactic.

Send a Subject Access request to Mortimer Clarke solicitors and also send a SAR to HSBC.

This forum has a template here > http://legalbeagles.info/library/gui...etter-example/

How much are they chasing and what was the overdraft and/or credit card balance when you last were aware?

Di

[AshRahman]

Re: Information if a debt is statute barred or not?

Ive downloaded the template. Is this letter admitting that its my debt/account and if they haven't put in a claim form the issue of statute barred shouldn't be an issue should it as its over 7 years now?

There is no figure on the letter they have sent. They have attached an income and expenditure form for me to complete.
The overdraft would have been something like £1500 and the credit card i don't have a clue. Quite a bit more. May very well be close to £10,000?

[Diana M]

Re: Information if a debt is statute barred or not?

There is no figure on the letter they have sent. They have attached an income and expenditure form for me to complete.

The overdraft would have been something like £1500 and the credit card i don't have a clue. Quite a bit more. May very well be close to £10,000?

Now you know why I'm telling you to tread carefully!

I'm working on a similar scenario at the moment with another claim.

Di

[AshRahman]

Re: Information if a debt is statute barred or not?

On the letter it actually does say, debt originating from a current account agreement and the agreement number is my old sort code and account number.
Don't know if that helps?

I will get a letter off to the Monday and pray for the best!

[Diana M]

Re: Information if a debt is statute barred or not?

On the letter it actually does say, debt originating from a current account agreement and the agreement number is my old sort code and account number.

As someone once famously said "well they would say that wouldn't they"

Just because it's in a letter or the Particulars of Claim it doesn't necessarily mean it's factually correct.

One of our clients sent a SAR to a solicitors and discovered that the claim form which had been issued/served had actually been sent back to NCCBC marked "Return to Sender".

Since that information was in the solicitors SAR response it demonstrated that they knew the claim form had been returned when they applied for (and got) a Default Judgment.

Di

[AshRahman]

Re: Information if a debt is statute barred or not?

Just an update.
I eventually managed to get through to the NCCBC. Luckily I got a friendly and helpful person.
They were surprised that it hadn't been acted on but there was a claim form sent but no judgement and he explained that if they go back to court they can have the stay lifted for £100.
He is sending me the particulars but said to get into contact with the solicitors and maybe set up a plan or pay it all.

The amount they want has gone up, obviously.
It stands at £3595.96
The debt according to them being £3330.96
Court fees of £185.00 and Solicitor fees at £80.00.

The last I remember I never owed that much. I can't afford to pay that, but if they go back to court then they'll get a CCJ against me and that would put me back 6 years.

I will send the CCA letter off today and hope for some sort of compromise maybe from Marlin??

[Amethyst]

Re: Information if a debt is statute barred or not?

Ahh brilliant. glad you got a decent person at the court. At least you know where you stand now Did they say what date the claim was issued btw?

Now, I would guess as you never received the claim, and they never asked for a default judgment, you could get a defence in now so that they can't just apply to lift the stay and try to go direct to default judgment. See what Di thinks anyway, I don't think you'd have to apply to lift the stay to defend, but best to check with someone who knows for certain. I don't think a strike app would work if the claimants are already looking at it and started chasing/hinting at proceeding with the court action.

That the amount is nearly double what you think the overdraft was does indiciate that the credit card might have been amalgamated. You've sent that CCA request off already haven't you ?

I'd get a SAR ( Subject Access Request Letter ) off to HSBC for everything they hold about you , if at all possible - might be invaluable further down the line.

[AshRahman]

Re: Information if a debt is statute barred or not?

I could get a defence, the reality is, i don't have much of a defence, because ultimately, the figure may be different but the account was mine. Or if i agree to pay but put what i can afford will that stop the CCJ?
I don' think they want to spend the £100 to lift the stay.

I don't think they have added the credit card. I think they have just added fees and interest over the years.
Its been nearly 7/8 years so they probably put a load on when they defaulted me.

I'm just at work, i will send it when i get a break.
Gutted by all this.

[Amethyst]

Re: Information if a debt is statute barred or not?

If you want to pay then you should negotiate a settlement figure with the claimant and have it set down under a consent order, which would basically say that as long as you pay XX per month, or a lump sum in full settlement on XX date, the court claim will remain on hold, and once payment has been made in full (as agreed) will be withdrawn.

However it is worth investigating further first.

Does the credit card show separately on your credit file ? what was the approx balance on that when you defaulted ?
Could you call HSBC and ask for the date that account was closed and what the closing balance was?
HSBC aren't normally all that terrible at adding interest/charges on at the end of an account. Do you have any recollection of your overdraft limit at the time it was overdrawn by £1500? It's gone up by at least £1k. That is excessive to just be interest and charges. It would normally be defaulted within 6 months of your ditching it.

[AshRahman]

Re: Information if a debt is statute barred or not?

I just don't want to be back to square one.
I care for my folks, so its been a struggle for the last few years and things seemed to be on the up. My partner went back to uni and got her PGCE and we had started planning for the future. This just feel like a set back, even though the original debt was my fault.
Everything has fallen off my credit file. Everything is over 7 years old now.
The credit card was close to £10,000.
If i remember correctly, my overdraft limit was £1500, I could be mistaken.

If you want to pay then you should negotiate a settlement figure with the claimant and have it set down under a consent order, which would basically say that as long as you pay XX per month, or a lump sum in full settlement on XX date, the court claim will remain on hold, and once payment has been made in full (as agreed) will be withdrawn

Do you think they would be quite adamant regarding getting the full amount?
I can't afford it to be honest, i thought if they went from the original £1500 then maybe meet them half way.

Thanks for your time Amethyst. Really appreciate it.

[warwick65]

Re: Information if a debt is statute barred or not?

Just an update.
I eventually managed to get through to the NCCBC. Luckily I got a friendly and helpful person.
They were surprised that it hadn't been acted on but there was a claim form sent but no judgement and he explained that if they go back to court they can have the stay lifted for £100.
He is sending me the particulars but said to get into contact with the solicitors and maybe set up a plan or pay it all.

The amount they want has gone up, obviously.
It stands at £3595.96
The debt according to them being £3330.96
Court fees of £185.00 and Solicitor fees at £80.00.

The last I remember I never owed that much. I can't afford to pay that, but if they go back to court then they'll get a CCJ against me and that would put me back 6 years.

I will send the CCA letter off today and hope for some sort of compromise maybe from Marlin??

So nowhere near the 10.000 you had previously thought.

I have to say it is very wrong for anyone at the court service to be giving you debt advice which, by suggesting you contact them to set up a payment plan, is what they are doing. They were probably just trying to be helpful

I think the person at the court was saying the £100 to life a stay but as [MENTION=87380]Diana M[/MENTION] has said, if you never acknowledged service or entered a defence the claim will not have been stayed - it will just be 'parked'

Maybe someone who knows more about these things can explain what you need to do to protect yourself from a CCJ. [MENTION=6]Amethyst[/MENTION] [MENTION=551]pt2537[/MENTION]