Default over 6 years old and just recieved CCJ letters

[treborh2812]

Good morning,

I'm new and would really appreciate some swift help.

I have an overdraft with the Halifax that has defaulted 6 years ago and dropped off my credit file at the end of last year. Lowell have been chasing me for some time but it had recently slowed down if not stopped.

All of a sudden two weeks ago i received two letters. 1 being a statement and another saying it had been referred to BW Legal.

This morning I then received a CCJ application from Northampton Courts.

Can they do this after 6 years? The a/c is around 9 years old since I last used it.

What's the best course of action as I've just got my credit rating back on track and have plans for a mortgage later this year. I don't have the 2k to hand to pay it straight off.

[Debt Camel]

Re: Default over 6 years old and just recieved CCJ letters

when was the last time you made a payment to the account?

[treborh2812]

Re: Default over 6 years old and just recieved CCJ letters

I've not paid since I last used the A/c back in 2007/8 - I've never paid to Lowell and I can't tell you if I've ever spoken to them.

I tended to burry my head in the sand or fob them off if I answered the phone.

I've been on the forum this morning and it seems lowell / bw legal have gone out in force with CCJs this year, but there is a lot of confusion on how to act.

I pretty much need to be doing something back to them this weekend.

[nemesis45]

Re: Default over 6 years old and just recieved CCJ letters

Good morning,

I'm new and would really appreciate some swift help.

I have an overdraft with the Halifax that has defaulted 6 years ago and dropped off my credit file at the end of last year. Lowell have been chasing me for some time but it had recently slowed down if not stopped.

All of a sudden two weeks ago i received two letters. 1 being a statement and another saying it had been referred to BW Legal.

This morning I then received a CCJ application from Northampton Courts.

Can they do this after 6 years? The a/c is around 9 years old since I last used it.

What's the best course of action as I've just got my credit rating back on track and have plans for a mortgage later this year. I don't have the 2k to hand to pay it straight off.

Good morning,

If you are sure that no payments or written acknowledgments of the debt have not been made in 6 clear years and the account was last used 9 years ago it should be statute barred.

The relevant 6 year period for an overdraft starts when the bank can first demand " Immediate Repayment In Fill" of the outstanding balance i.e. A Demand letter as mentioned already
and or a Final Demand For Immediate Repayment.

Have you acknowledged service of the claim and stated intention to defend? If not do so now at Money Claim Online (MCOL)
I suggest the following now to the solicitors.

BW Legal
.
.
.

Re: CC Claim No.........................:

Sir/Madam,


I refer you to the above mentioned claim issued o behalf of ............................. in regard to an alleged debt arising from an account with............................:

Please not I do not acknowledge any debt to your client.

Having carefully checked my financial history and records I have concluded that any such alleged debt is statute barred under the provisions of the Limitation Act 1980.

I suggest that BW Legal now refers this matter to its client and recommends that it withdraws the claim in the interest of saving costs and court time.

I am sure that both BW Legal and its client are aware of the FCA's attitude towards pursuing a statute barred debt once a " creditor" has been informed in writing that an alleged debt is statute barred.

I require written confirmation that your client has withdrawn the claim, should your client decide to continue the claim it will be robustly defended.

Finally should your client contend the status of the alleged debt you are reminded that the onus of providing unequivocal evidence that the alleged debt is not statue barred falls entirely upon your client, allegations of " one off payments" are not proof that a payment was actually made.

Yours etc.


Use signed for post and check delivery date:

Statute Barred is a complete defence.

nem

[treborh2812]

Re: Default over 6 years old and just recieved CCJ letters

Nemisis45 - Thank you for that.
I don't quite understand the following:

"Have you acknowledged service of the claim and stated intention to defend? If not do so now at Money Claim Online (MCOL)"

Do I send that letter regardless of the answer to the above?

I really can't afford to get a CCJ - so does this process slow that down?

[nemesis45]

Re: Default over 6 years old and just recieved CCJ letters

Nemisis45 - Thank you for that.
I don't quite understand the following:

"Have you acknowledged service of the claim and stated intention to defend? If not do so now at Money Claim Online (MCOL)"

Do I send that letter regardless of the answer to the above?

I really can't afford to get a CCJ - so does this process slow that down?

If you have received a County Court Claim ( Form N1) you must acknowledge service of the claim ( this is Not acknowledging the debt)
otherwise you could easily end up with a judgement by default.

Yes send the letter now.

nem

[treborh2812]

Re: Default over 6 years old and just recieved CCJ letters

Thank you - how do I acknowledge it?

[micro]

Re: Default over 6 years old and just recieved CCJ letters

Hi

look at post #3 here this will help you in how to submit an AoS (Acknowledgement of Service)

[treborh2812]

Re: Default over 6 years old and just recieved CCJ letters

Right - I've done that and sent the letter.
What are the next steps, from what I am reading I feel like I should be getting ready to actually go to court!!!

I hope i did it right, clicking defend the whole thing not just part.

[nemesis45]

Re: Default over 6 years old and just recieved CCJ letters

Thank you - how do I acknowledge it?

See bottom right of Form N1 Treb.

Nem

[treborh2812]

Re: Default over 6 years old and just recieved CCJ letters

To update you all - I received a letter over the weekend from BW Legal stating to give them time to gather the data to prove this is not statute barred.
The letter seems to have taken a few days to get to me and they don't seem to have stated how long I should have to wait.

Can you advise what I should do next? Obviously I acknowledged the CCJ claim on the website but it only gave me an extra 14 days which is up soon.
Do they have to respond in a set period of time.

[treborh2812]

Re: Default over 6 years old and just recieved CCJ letters

HELP!!!!!!
The CCJ has been entered against me yet DW Legal are yet to reply with evidence that the amount isn't Statute Barred.
What went wrong? I followed all the things in thie thread etc and last week the CCJ was entered against me.
My credit rating has took a nose dive and i'm back to square one for 6 years!

[Amethyst]

Re: Default over 6 years old and just recieved CCJ letters

Did you put in a defence ?

[Amethyst]

Re: Default over 6 years old and just recieved CCJ letters

If not then you will have to apply to the court to set aside the claim. In the letter the claimant sent you did they say anything like the case was on hold etc ? If so you can use that as your reason for the setaside. It shouldn't be on your credit file yet as after judgment you do have 28 days to pay in full and its not entered on the register so just double check it is this one.

[treborh2812]

Re: Default over 6 years old and just recieved CCJ letters

It's showing on my Experian credit file already.
I followed the above but I didn't know I had to put in a defence or how to?
I sent a letter to DW legal about being statute barred - they responded saying they will be in touch when they have evidence it isn't but I haven't had anything back from them.
What do I need to do and how? Apologies but I'm a complete noob to this.