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Having difficulty finding out if a debt was statue barred before CCJ issued.

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  • Having difficulty finding out if a debt was statue barred before CCJ issued.

    Recently I was contacted by Shoosmiths LLC regarding a debt from a loan taken out with the Halifax bank in March 2007. I was issued with a CCJ against this on in November 2014,

    I contacted them with an information request asking for the cause of action date as I think there is a 50/50 chance that the debt was statue barred beforehand.

    I asked for the following information

    1. The cause of action date.
    2. The date the original agreement was signed.
    2. The date the last payment was made towards the debt.
    3. The date that the courts papers were issued.

    They responded with the following information.

    Date of agreement: 22nd March 2007
    Date of last payment: 11th November 2009 in the sum of £171.66
    Date of judgement: 6th November 2014

    I think that the date of last payment may be wrong, as few months before that I had moved to a new place, so there would not have been informed of the new address.
    Also on the 11th of November 2009 I was actually in Poland on holiday with friends.

    How do I go about getting proof of that last payment as well as the correct cause of action date. I am sure they are trying to palm me of with this date as the cause of action date.

    I do not have access to any of my bank accounts from those dates, so I am unable to verify anything my end.

    Also the figures would not work out if I had made payments for that long. The debt is for £5200 on a £4000 loan. This would mean that I paid the debt for two year so should have been more like half these amounts.

    The more I think about this the more I know I defaulted on this debt quite some time before that last payment date they mention which is 11th November 2009.

    Another question I have say I defaulted on the loan before the 6th November 2008 which would make it more than 6 years before the CCJ was issued, but I did make a payment to a debt agency after that, would the debt still be statue barred.

    I am sure this company is not providing me with enough information on purpose. To me something doesn't seem correct, so before I make a final settlement offer, I want to make sure it was not statue barred beforehand.


    Thanks in advance.
    Tags: None

  • #2
    Re: Having difficulty finding out if a debt was statue barred before CCJ issued.

    I've posted on your other thread here > http://legalbeagles.info/forums/show...l=1#post755617


    Originally posted by Diana M View Post
    You've started another thread about the CCJ here > http://legalbeagles.info/forums/show...l=1#post755389

    Maybe @Kati can merge them to keep all the information in one place.

    From what I can tell you need help with a set-aside Application since the claim was served on an address you were not living at or you were living at but didn't receive it because it's a block of flats where the post is left in a communal hall and you travel abroad a lot.

    You say Shoosmiths have only contacted you recently despite the CCJ being from 2014. Are they talking of enforcement action such as a Warrant of Control (bailiffs) or an Attachment of Earnings etc?
    Di

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