urgent help needed

[stemac123]

I have a credit card debt of £300 now £420 with court cost, i disputed the date and said it was statute barred and they have entirely disagreed with the claim of statute barred, they said Last payment to the account were on 07/06/2010 and started proceedings against me on 23/06/2016 they have sent a N9A form I wanted to Know is does Statute barred start on the day i last paid or a month later ? I've been to CAB for advice and they said they had taken me to court 2 weeks before statute barred i am unemployed because of ill health, and worried how to pay, the solicitors now asking for medical records on my condition

no Judgement has been entered against me yet and i have 14 days to respond from the letter i received from the solicitors, what i was trying to say the debt is now statute Barred but they put in the claim just before now its statute barred does it make any difference as I have not admitted to any of the debt ?


thank you

[R0b]

Re: urgent help needed

Hello, I've tagged [MENTION=55034]nemesis45[/MENTION] for assistance.

Just to confirm do you mean they issued proceedings on 23/5/2016? If they issued proceedings after 7/6 then it would appear statute barred.

When did you acknowledge the claim?

I wouldn't provide them with medical records, that is confidential information and they shouldn't require you pass them over in order to come to an agreement.

Have you requested a copy of the terms of the contract, did you make the last payment as they have suggested and if so, why plead statute barred when its not?

Can you post up the Particulars of Claim?

I would suggest a CCA request you can find out more information here http://legalbeagles.info/forums/show...y-of-Agreement

[stemac123]

Re: urgent help needed

yes rob I will post info tomorrow as its just gone 12pm bedtime CAB told me it will be statute barred, yes I did make a payment on 07/06/2010, yes legal proceedings were issued on 23/06/2016

[Debt Camel]

Re: urgent help needed

I've been to CAB for advice and they said they had taken me to court 2 weeks before statute barred

doesn't seem to square with

CAB told me it will be statute barred

I am guessing there was a NOT missed out of the last sentence (understandable posting after midnight!)

Statute barred timescale starts from the point you failed to pay, so usually a month after your last payment.

R0b's point about whether you have asked them to supply a copy of your CCA agreement is important

[nemesis45]

Re: urgent help needed

I have a credit card debt of £300 now £420 with court cost, i disputed the date and said it was statute barred and they have entirely disagreed with the claim of statute barred, they said Last payment to the account were on 07/06/2010 and started proceedings against me on 23/06/2016 they have sent a N9A form I wanted to Know is does Statute barred start on the day i last paid or a month later ? I've been to CAB for advice and they said they had taken me to court 2 weeks before statute barred i am unemployed because of ill health, and worried how to pay, the solicitors now asking for medical records on my condition

no Judgement has been entered against me yet and i have 14 days to respond from the letter i received from the solicitors, what i was trying to say the debt is now statute Barred but they put in the claim just before now its statute barred does it make any difference as I have not admitted to any of the debt ?


thank you

Did you acknowledged service of the claim and intention to defend in full?
Please post a copy of the letter you have received after removing your name and address and any claim or reference numbers.

Have you checked your credit files for this account? Noddle is free online.
Who is the claimant and what solicitors?

nem

[stemac123]

Re: urgent help needed

hello Nemesis sorry i am not sure , what you mean by acknowledged service of the claim, all i have done is ring the restons solicitors up asking for more time extra 2 weeks to find out where i stand
i have attached the letter for you to read :-) sorry yes i did put in a defence claim, and claimant is Capital one credit card sorry as pointed out it is Cabot

[charitynjw]

Re: urgent help needed

@nemesis45

Per other posters, my guess is that the claimant is disputing the accrued date of action.

@stemac123
The claimant appears to be Cabot, not Cap1?

[stemac123]

Re: urgent help needed

@nemesis45

Per other posters, my guess is that the claimant is disputing the accrued date of action.

@stemac123
The claimant appears to be Cabot, not Cap1?

yes it is Cabot

[charitynjw]

Re: urgent help needed

yes it is Cabot

OK.

What they, or their sols, appear to be saying is that you paid on 7th June 2010, so the earliest date that they (Cap1) would have been aware of the breach would have been approx 1 month later, when you failed to pay the next (& subsequent) payments.
If this is the case, the '6-year clock' would not have started ticking until earliest July 2010.
As they issued the claim in June 2016, they are saying it is (just) within the 6 years.
If that is accepted by the court, & your submitted defence totally relies on SB, your defence will fail.

[nemesis45]

Re: urgent help needed

hello Nemesis sorry i am not sure , what you mean by acknowledged service of the claim, all i have done is ring the restons solicitors up asking for more time extra 2 weeks to find out where i stand
i have attached the letter for you to read :-) sorry yes i did put in a defence claim, and claimant is Capital one credit card sorry as pointed out it is Cabot

Hi if I'm not mistaken the letter states last payment on 07/06/2010 claim issued 23/06/2010 16 days difference??

nem

[nemesis45]

Re: urgent help needed

@nemesis45

Per other posters, my guess is that the claimant is disputing the accrued date of action.

@stemac123
The claimant appears to be Cabot, not Cap1?

I can see your reasoning [MENTION=5553]charitynjw[/MENTION] but that letter is very confusingly worded what Restons meant to say and what the have written should be disputed an it clearly states the date of the last payment which clearly over six year to the date of issue,

I would push it personally stick to this as Restons has mentioned they are referring to the default date as the cause of action.
That is my opinion.

nem

[stemac123]

Re: urgent help needed

Hi if I'm not mistaken the letter states last payment on 07/06/2010 claim issued 23/06/2010 16 days difference??

nem

hello Nem yes thats right... i checked with the bank i did pay on that day 7th but it was only for £3, so i am thinking i defaulted some time before it but cant be sure the letter doesn't make it clear to me and thank you charitynjw for your response :-)

[nemesis45]

Re: urgent help needed

hello Nem yes thats right... i checked with the bank i did pay on that day 7th but it was only for £3, so i am thinking i defaulted some time before it but cant be sure the letter doesn't make it clear to me and thank you charitynjw for your response :-)

Hi,

Have you checked credit reference files for this debt it would be worthwhile I think, you can check Noddle free online.
I still think the acknowledged date of last payment is what you should rely on as it what Restons say is within 6 years not the default date.

nem

[Anthony72]

Re: urgent help needed

Surely the claim will say when the account was defaulted.

I read the letter as saying
Because the claim wasnt issued until 23/6/2016 no CCJ will have been issued. This seems to be in response to a claim that no ccj was issued ( see first line of letter from solicitors)

[nemesis45]

Re: urgent help needed

Surely the claim will say when the account was defaulted.

I read the letter as saying
Because the claim wasnt issued until 23/6/2016 no CCJ will have been issued. This seems to be in response to a claim that no ccj was issued ( see first line of letter from solicitors)

No not always the phrase "A default notice was issued and not complied with" is frequently used in POC's.

The meaning of Restons statement is that as the claim was only issued at that time no judgment could be made in that timescale.

nem