Threat of CCJ but not sure if the debt is statue barred

[alex_st_helens]

Thanks in advance for the replies.
I have received a letter from Restons solicitors threatening court if I don't pay an old vanquis credit card debt from 2010. I took out the card just before a messy break up with an ex and with all the issues with that I missed Payments and then forgot about it. I havnt heard from them since 2010 until I moved in my new house in 2016 when I started receiving letgers from cabbot finance which I ignored because I thought it was statue barred.
However this new letter sounds like they want to take me court for a debt that is 7 years old which I didn't think they could do. I have checked my credit file which only shows defaults in 2013 under the name of cabbot finance but says the account was open from 2010. I assume this is when the debt was sold to them but does this start a new 6 year process before the debt is barred? It is for £450 and can't afford to pay I am only just getting back on track but really don't want a ccj either.

Sorry if this sounds rushed I have been up thinking about it and can't find an answer already online

Any advice would be appreciated

[warwick65]

Re: Threat of CCJ but not sure if the debt is statue barred

Hi
Welcome to LB

Just a couple of questions if you don't mind

When was the last time you used or made a payment to a card?

Does the letter say will or may take legal action and does it give a timescale?

I think you need to send a S78 request to Cabot with the £1 fee . Send it Royal Mail signed for and send a copy to Restons.

If the letter says they will take court action I would also send the LBA letter response.

I do have a copy somewhere , will find it when I am on my laptop not iPad

Just so you know, limitations starts from the cause of action and not when the account was opened- if you think about it, if it was when it was opened , someone with perfect credit could take out a card and 6 years later run up a balance and default , not really what was intended don't ya think

[alex_st_helens]

Re: Threat of CCJ but not sure if the debt is statue barred

Thanks for getting back so quick.

The last time I made a Payne t was late 2010

The letter says 'failure to do fact us by 8th June 2017 could result in further action, which may include the issue of a CCJ' but the letter asks me to fill out a finance sheet.

Also it was capquest not cabbot, I must have been really tired writing last night

[warwick65]

Re: Threat of CCJ but not sure if the debt is statue barred

I would send a cca request to capquest

CCA Request

Send Royal mail signed for and include the payment of £1

So it does not specifically say will or use the words letter of claim, or letter before action


Going back to the date of default , sometime creditors wait to actually default you until just prior to sale and this , in my opinion, is wrong and done entirely to extend the limitations period

Try not to worry about the chance of a CCJ- even if they do issue a claim they might not be able to prove their rights to issue the claim and even if they do there are ways of avoiding a cci by setting up a tomlin order or similar for an affordable amount

If you get a letter headed or mentioning letter of claim or letter before action that would be the time I would take further action which would be to send a SAR to vanquis and a Letter before action response which you will see I have posted several times

For reference here it is and would be sent to the solicitors

Dear Sirs
Ref: xxxxxx
Thank you for your letter dated xx/xx/xx. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 3 of the Practice Direction Pre-Action Conduct, which states: “before commencing proceedings, the court will expect the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions about how to proceed;”
Paragraph 6 states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6 (c) of refers to “the parties disclosing key documents relevant to the issues in dispute.” My request refers to the documents I require to obtain the necessary information to assess my position in this case.
I require copies of the following:
1. The original agreement
2. The Default Notice
3. The Deed of assignment
4. The Notice of assignment
5. Statements of account

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason.
In addition a S78 request was sent on xx/xx/xx and I am waiting a response
I shall being able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.
Yours faithfully,

I would however hold off of that one at the moment

[alex_st_helens]

Re: Threat of CCJ but not sure if the debt is statue barred

So does the 6 year limit only come in force years after my last contact with them.

No the letter didn't say anything as formal as that but did look serious I will just keep an eye out for any more

Also if I sent that caa request will that be acknowledgment of the debt ?

[warwick65]

Re: Threat of CCJ but not sure if the debt is statue barred

The six year limit really is complicated but once it starts it needs either a payment by you or your authorised representative or a written acknowledgment by youth reset it. So in my case I was in a DMP from 2007-2012 , the last payment was 27th jan 2012 and although I have written to them since I never acknowledge the debt - I use words like the above account, the account you say , I do not acknowledge any liability to you . Therefore, as all my debts had been defaulted by then, come 28th january 2018 I am having a bloody big party ( I hope)

A CCA request will not acknowledge the debt and if you use the one I suggested, it explicitly says the account you say is mine - so don't worry about that