Statue Barred?

[rjl]

Hi All,

I had a court claim against me come up earlier in the year, but it was for a debt with a bank I have never dealt with. I did all the CPR requests, got nothing back so I used the Legal Beagles defence template to say I didn't know anything about the debt and the solicitors had failed to provide me with the information to say if it was mine or not. The claim got stayed.

Out of the blue, the solicitors have sent me the info I requested and it turns out to be an old loan which I defaulted on but the original bank must have been acquired by the new one at some point. (there is no information about that transfer)

However, the last payment i made was 6 years ago last month so is this now statue barred or has the court entry reset that?

Thanks in advance!

[nemesis45]

Re: Statue Barred?

Good afternoon,

The Limitation Act 1980 provides for a relevant period of six years without payment Or Relevant Contact The Issue of a County Court Claim stops the 6 year clock on the date the claim is issued.


Therefore the debt is not statute barred. It appears that the claim ways stayed and not struck out ( you could have applied to the court for the claim to be struck out at any point).

This means the claimant can apply to the court for the stay to be lifted and pursue the claim once more.

The questions to ask now is does this agreement comply with a CCA request and is it enforceable?
It would help if we could see exactly what has been sent.

nem

[rjl]

Re: Statue Barred?

Thanks for the reply Nem.

I've just found out that the claiming company (hoist2portfolio) has had their FCA licence cancelled. So I believe they may have an issue proceeding with any action anyway.
I'll copy the the docs they sent through and upload them shortly.

Thanks again!

[nemesis45]

Re: Statue Barred?

Thanks for the reply Nem.

I've just found out that the claiming company (hoist2portfolio) has had their FCA licence cancelled. So I believe they may have an issue proceeding with any action anyway.
I'll copy the the docs they sent through and upload them shortly.

Thanks again!

Sorry to disappoint you Hoist Finance UK Ltd now controls HP HP 1 HP2.

They are licenced.

I warned recently about jumping on information and taking it at face value the FCA Interim Consumer Credit list is evolving day by day as evidenced by
the Cabot Financial UK Ltd Farce of a couple of months ago.

nem

[rjl]

Re: Statue Barred?

Thanks for letting me know!

The docs I got through are at: http://s1376.photobucket.com/user/rjl22/library/

I need to try and settle it as it's appeared on my credit history again and i'm not far off getting it clean. I just need as much bargaining power as I can get really.

[nemesis45]

Re: Statue Barred?

Thanks for letting me know!

The docs I got through are at: http://s1376.photobucket.com/user/rjl22/library/

I need to try and settle it as it's appeared on my credit history again and i'm not far off getting it clean. I just need as much bargaining power as I can get really.

Are you saying this debt was removed from your credit files at one point but has now been put back?

nem

[rjl]

Re: Statue Barred?

I don't know if it was removed, but I seem to remember it was showing defaulted every month when i first couldn't make the monthly payments but then the marks on my credit file stopped as i think the account just went to a defaulted account.
I think default marks are coming back on my report again now though. It's been a while since i've looked, but waiting for a new report to be sent through.

[nemesis45]

Re: Statue Barred?

I don't know if it was removed, but I seem to remember it was showing defaulted every month when i first couldn't make the monthly payments but then the marks on my credit file stopped as i think the account just went to a defaulted account.
I think default marks are coming back on my report again now though. It's been a while since i've looked, but waiting for a new report to be sent through.

Ok please let us know what shows up.

nem