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Hi everyone I hope this is in the right place. I got a credit card from Halifax in 2002, couldn't afford to pay 2yrs later as my wife was made redundant. I was told by the CAB to asked them for a signed agreement, if they couldn't produce it i wouldn't have to pay them. They couldn't produce one and eventually I stopped getting letters from them. The debt was sold to lowell and I received letters but never spoke/sent letters, I haven't spoken to anyone since about 2005/2006 I'm sure. I received a court letter last month, I replied saying I believe it should be statue barred, I've now received one from court saying lowell are basically not backing down. I've checked my credit file and it says i made payments upto 2010 then I arranged to make payments to 2011 then it's defaulted. I've not paid anything since 2005/6 so how can this be on my file and have I got a case. Really appreciate some advice many thanks
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Re: old credit card court case
Did you go into a DMP or did you ask the CAB to sort anything for you... What were the payments Ie £1 £2 £5? -
Re: old credit card court case
There were no payments, I was on the phone to the cab asking someone what options I had and that was what I was told.Comment
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Re: old credit card court case
When you say you received a "court letter" do you mean you received a county court summons and then filed a Defence of statute barred only (or did you plead other legal arguments?).Originally posted by Cheshirelad1973 View Post
The next letter you say you received from the court may have been a Directions Questionnaire?
Post up details of the claim (if that's what you have received).
DiComment
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Re: old credit card court case
Yes sorry I received a court summons, I filled it in saying I believe the debt to be s/B and I was hoping that would be it. I then received yesterday notice of proposed allocation to the small claims court. I checked my credit report last night (joined equifax) and couldn't believe it when it said I paid up till 2010. That's not correctComment
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Re: old credit card court case
Can you post (type out) the Particulars of Claim from the summons.Originally posted by Cheshirelad1973 View Post
This Claim is underway so you cannot ignore the court's timetable.
What makes you think the CRA file entry is incorrect? Do you recognise the payments showing on it or could they have been made by a third party on your behalf such as a DMP provider?
Could it refer to another/different account altogether?
DiComment
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Re: old credit card court case
I will put up the particulars of claim tomorrow when I'm home from work. I'm positive the dates are wrong. I only had it 2-3yrs if that, they are saying I paid it 8 yrs but didn't pay on the 9th yr. No third party paid and I've never been to a DMP On equifax it let's you hover above each month which ive suppose to have paid and the balance just stays the same. ??
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Ps thanks for looking at my thread. I'm at wits endComment
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Re: old credit card court case
Particulars of claim
The claimants claims for the sum of £3.956.58 being monies due from the defendant to the claiment under a financial services agreement regulated by the consumer credit act 1974 between the defendant and hbos plc
Under account reference 545578885568770 and assigned to the claiment on 24/6/2014 notice of which has been given to the defendant
the defendant failed to maintain contractual payment under the terms of the agreement and a default notice has been served and not complied with
the claim also includes statuary interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum a daily rate of £0.87 from the date of assignment of the agreement to 24/06/2015 being an amount of £318.42.
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Hope this is info you asked forComment
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