Statue Barred - Payments after DEFAULT ?

[Jocima]

Hi
I was in trouble with a Credit Card in the past and they gave me a DEFAULT in 2018. However, I wasn't informed at the time and carry on paying for until oct 2019 (not sure the company chasing it has proofs as I paid to the bank and I haven't contacted them since oct 2019). The DEFAULT was removed from my credit file in 2024. The bank, however, sent me a letter informing the Default was registered in my account on MARCH 2021 (as told you, it wasn't informed me beforehand), which would imply the DEFAULT would stay in my name until 2026, which is NOT the case. It's gone alredy.

PLEASE NOTE, they added the DEFAULT to my name in 2021, with a default date of 2019, despite a default letter of the bank being almost 2 years late.

PROBLEM is:
I just received a Court Claim from the solicitors issued on the 25/06 with 14 days to reply.

What should I do if they have legally 12 working days to reply? If I ask for credit agreement proof they might not reply and I be left with a court order and all back to 6 years of bad credit.
Can I call and ask for proof in order to rush things up?

Please help? What would you do in this circumstance?

Thank you!!

[echat11]

Fill in the following copy and paste back onto this thread without personal details.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

a) First Acknowledge Service of the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request to the original creditor, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

c) Send a CCA requests to the creditor, they have 12 days to provide a copy of the agreement. Make sure you get Proof of Postage - you are doing this.

https://legalbeagles.info/library/gu...etter-example/

d) Send a CPR 31.14 request to the Solicitors, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

e) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

https://legalbeagles.info/library/gu...-court-claims/

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

[Jocima]

HI Echat11, Thank you for your attention to this matter.

So:
Fill in the following copy and paste back onto this thread without personal details.

Received a claim? Yes/No: YES

Issue Date: 25/06/025

Have you Acknowledged the Claim?: Tried online but CASE NUMBER invalid. Will send acknowledge papers today. I was told by NATIONALDEBTLINE I should already send my Income and
Expenditure then. DO you agree I should add to acknowledgment?

Total Amount Claimed : £6500
Claimant’s Name: LC ASSET 2 S.A.R.L
Solicitors Firm: KEARNS SOLICITORS
Original Creditor: BARCLAYSCARD
Original Debt (eg. Credit card/Loan/Overdraft) : CREDIT CARD

Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
I went DEFAULT on all my cards in 2016. I kept paying Barclays card and started payment arrangements in 2018 because it has a good interest rate and didn't want to loose it or get into default with them. In fev 21 I couldn't' keep up payments and called them to inform. They then told me I was already given a default in 2018. I was never told about it. I felt they played me up. Then in March 2021, Barclays sent me an official Default letter. They then added the default to my credit file, backdated to 2018. The attendant told it should be 2016 but I didn't have the stamina to fight at the time. I was mentally suffering already.

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Officially yes, as it was 6 years as DEFAULT on my credit score. Last payment was 11/2020. Defaul letter received 2021, Credit file updated with a default backdated to 2018. I'm unsure if is. Please could you clarify?

List any letters you have sent (eg: CCA/ CPR ): Not yet. I ignored the letter of intention they sent as I was dealing with other serious problems.

Any Other Information or Background Details:
LC Assets (Link financil) is the 3rd company to have purchased this debt. I don't believe they have any proof of credit agreements or my payments until 2020.
I am considering:
a) Going into the statued barred route but unsure if they is statued barred? Don't think they can prove I paid until 2020/2021.
b) Accepting half of the debt, but what do you think Judges will do? Will they tell me to pay only half or demand full?
c) At the moment my credit file is good. I cannot let it go into my credit file for another 6 years. I already had bad score for 7 years!!! It was dreadfull.
d) I'm not working. My son has a disability and I'm carrying for him full time since Dez/2024.
e) I have credit reports to prove debt was already in my file for 6 years, expired last year, therefore would be already statued barred?
f) I'm currently also facing PTSD and high anxiety. Not sure this is relevant.

[echat11]

a) Have you Acknowledged the Claim?: Tried online but CASE NUMBER invalid. Will send acknowledge papers today. I was told by NATIONALDEBTLINE I should already send my Income and Expenditure then. DO you agree I should add to acknowledgment?

I wouldn't at this stage, if you are Defending the claim, request the documents, see what they send then you can reassess your position.

b) Particulars of Claim:

refers to what is stated on the Claim Form, that what you need to copy.

c) Last payment was made on 11/2020,

so not statute barred

d) Accepting half of the debt, but what do you think Judges will do? Will they tell me to pay only half or demand full?

I couldn't tell you as that's jumping way ahead of where you are.

You need to send the requests off i.e. b), c) and d).

[Jocima]

testing

[Jocima]

The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced *** and opened effective from */10/2010. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant and from which credit was extended to D. D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by *06/2018 a default was recorded. As at */11/2022 the Defendant owed Barclaycard the sum of 5k. By an agreement in writing the benefit of the debt has been legally assigned to C effective 11/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter. And C claims- 1. 5k 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of % per annum from 11/2022 to 06/2025 of 1k and thereafter at a daily rate of x to date of judgment or sooner payment. Date 25/06/2025

[Jocima]

Sorry, it was playing up. Particulars of the case above.
Today I sent registered letters as advised to LC ASSETS, KEARNS AND BARCLAYS.

[echat11]

Sorry, it was playing up. Particulars of the case above.
Today I sent registered letters as advised to LC ASSETS, KEARNS AND BARCLAYS.

Good.

Have you Acknowledged of Service via post?

Work out when your Defence is due?

Update the thread if you receive the requested documentation.

Even if you don't at least 5 days before your Defence is Due, so that's around the 16th July.

[Jocima]

Good. Thank you!

Have you Acknowledged of Service via post? Yes, indeed. Via post with Tracking and Sign For. will prob arrive on Friday. 4th.
Work out when your Defence is due? I wrote in the letter the 28th but realised later is more the 22nd. Hope it´s not a prob.

Update the thread if you receive the requested documentation. I will, thank you.

Even if you don't at least 5 days before your Defence is Due, so that's around the 16th July.

Thank you.


CAN I ASK, PLEASE:

When reading your example defense, I had 2 doubts:
a) Where is says '' 9.It is denied that [Original Creditor] served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.'''

THEY DIDN´T SEND ME THE DEFAULT AS INFORMED IN THE CLAIM - 2018, BUT I HAVE A LETTER OF DEFAULT DATED 2021. + a copy of my credit score with default date set as 2018. I believe this to be in my defence, correct?

b) Where it say ``so you are in the right place to work out what steps you should take before making a decision whether to defend the claim or negotiate a settlement. ``
DOES IT MEAN IF I DEFEND, I CAN'T NEGOTIATE LATER?

THank you again

[echat11]

Thank you.


CAN I ASK, PLEASE:

When reading your example defense, I had 2 doubts:
a) Where is says '' 9.It is denied that [Original Creditor] served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.'''

THEY DIDN´T SEND ME THE DEFAULT AS INFORMED IN THE CLAIM - 2018, BUT I HAVE A LETTER OF DEFAULT DATED 2021. + a copy of my credit score with default date set as 2018. I believe this to be in my defence, correct?

b) Where it say ``so you are in the right place to work out what steps you should take before making a decision whether to defend the claim or negotiate a settlement. ``
DOES IT MEAN IF I DEFEND, I CAN'T NEGOTIATE LATER?

THank you again

a) THEY DIDN´T SEND ME THE DEFAULT AS INFORMED IN THE CLAIM - 2018, BUT I HAVE A LETTER OF DEFAULT DATED 2021. + a copy of my credit score with default date set as 2018. I believe this to be in my defence, correct?

You should have received a Default Notice in 2018, the date that they actually Defaulted the account. In your Defence you only state whether you received a Default Notice. You lay out the facts regarding the Default Notice in your Witness Statement (when the Court Orders you to prepare a Witness Statement).

b) DOES IT MEAN IF I DEFEND, I CAN'T NEGOTIATE LATER?

Not at all, but if you've got evidence / facts to back up a Defence, then you should Defend the claim. The agreement should comply with the requirements of the Consumer Credit Act 1974, if they haven't then their case could go against them. The Courts encourage parties to try to settle the matter without a Hearing, so their are no restrictions to settling the matter.

[Jocima]

Good evening, I believe my defence is due on the 22/07, therefore I attach here my reply for your kind help.


1. The Defendant received the claim XXXX from the Northampton County Court Business Centre on on 26^th June 2025. Issue date 25th June 2025. Court acknowledgment date 2nd July 2025.

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4. It is admitted that the Defendant has previously entered into an agreement with an Original Creditor for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim states the agreement was entered into on xx/10/2010.

7. The Claimants statement of case states that the account was assigned from Barclaycard to L C ASSET on xx/11/2022. This letter was received. Should I mention it?

8. It is denied that Barclaycard served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

9. On the 02/07/2025 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Kearns Solicitors I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10. Kearns Solicitors has not sent any of these documents to the Defendant.

11. On the 02/07/2025 The Defendant sent a formal request for a copy of the original agreement to L C ASSETS pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11.1. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

12 On the 02/07/2025 The Defendant sent a formal Subject Access Request for a copy of the original agreement to BARCLAY pursuant to section 77 of the Consumer Credit Act 1974 .

12.1. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

13.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe that the facts stated in this Defence being verified are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________________________________
Dated ________________________________


If you could please clarify my doubts here:
a) This credit was already on my credit file for 6 years and expired last year. Is it relevant now?
b) What is next in a process like this, please? Thank you!!!!!!

[echat11]

Will take a look.

If you could please clarify my doubts here:
a) This credit was already on my credit file for 6 years and expired last year. Is it relevant now?

No

b) What is next in a process like this, please? Thank you!!!!!!

Mediation

This letter was received. Should I mention it?

When was the Letter of Assignment received?

[Jocima]

Hi

The letter of assignment was rec’d more than a year ago. What difference it makes, please?

Also, I have received a letter from Barclays saying they will reply in up to 3 months with info requested. No reply from Kearns/LC Asseet.

Plus, what consequences would I have if I said it’s a statued barred debt - as I believe they can’t prove otherwise?

For what you experienced in this forum along the years, what’s most likely to happen to my case, please?

thank you!!

[Jocima]

Thank you Echat11 so your time. I admire your patience with us!

[echat11]

a) The letter of assignment was rec’d more than a year ago. What difference it makes, please?

So it needs to be stated in your Defence, just because you received it, doesn't mean it's compliant.

b) Also, I have received a letter from Barclays saying they will reply in up to 3 months with info requested. No reply from Kearns/LC Asseet.

It shouldn't take them 3 months, hopefully it will be sooner.

c) Plus, what consequences would I have if I said it’s a statued barred debt - as I believe they can’t prove otherwise?

You made a payment within 6 years, so can't be Statute Barred - 'Last payment was 11/2020'.

d) For what you experienced in this forum along the years, what’s most likely to happen to my case, please?

All the facts aren't available.