CCJ advice - Cabot on maybe statute barred debt

hammersfan1
hammersfan1 Posts: 108 Forumite
in Debt-free wannabe
Hi,

I have received court papers for a CCJ, which is being applied for by Cabot Financial. They took over a defaulted debt which I had with Capital One. I cannot remember the exact date at which the default was issued but it was over 6 years ago and I have checked all 3 credit reports today and the debt no longer appears on any of them.

Can I successfully send in the defense papers stating that the debt is over 6 years old now and is statute barred?

Thanks

John

Comments

  • soontobemrsg
    soontobemrsg Posts: 199 Forumite
    The default date and statute barred date are not the same thing.


    If you haven't acknowledged the debt in writing or by paying anything toward the debt in 6 years then you are correct and it's likely to be statute barred - are you certain you haven't done either of these?
    BYS # 7 £0 /£1000
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  • hammersfan1
    hammersfan1 Posts: 108 Forumite
    soontobemrsg wrote: »
    The default date and statute barred date are not the same thing.


    If you haven't acknowledged the debt in writing or by paying anything toward the debt in 6 years then you are correct and it's likely to be statute barred - are you certain you haven't done either of these?

    Hi,

    Thanks for your reply.

    Yes definitely have not done either of these things. Have spoken on the phone to them but never acknowledged anything in writing or made a payment.

    Any tips on what to write as my defense?

    Thanks
  • hammersfan1
    hammersfan1 Posts: 108 Forumite
    Actually another quick question. Does an email count as writing or does it have to be in the form of a posted letter?
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    First Post First Anniversary Combo Breaker
    hammersfan1 wrote: »
    Actually another quick question. Does an email count as writing or does it have to be in the form of a posted letter?


    Hi hammersfan1


    Sorry, your question here is a little ambiguous. Does your question above refer to the letter you are now planning to send, arguing that the debt is statute barred?


    Or are you referring to an email you may have sent to this creditor before the six-year limitation period had expired?


    Dennis
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • hammersfan1
    hammersfan1 Posts: 108 Forumite
    National_Debtline wrote: »
    Hi hammersfan1


    Sorry, your question here is a little ambiguous. Does your question above refer to the letter you are now planning to send, arguing that the debt is statute barred?


    Or are you referring to an email you may have sent to this creditor before the six-year limitation period had expired?


    Dennis
    @natdebtline

    Hi Dennis,

    Thank you for your reply.

    I was referring to an email that I may have sent to Cabot before the six-year limitation period had expired. No payments have been made in the six year period.

    I need to know also if I should be ticking the "I intend to defend all of this claim" box or the "I intend to contest jurisdiction" box. Also any help in what I should include on the defence form would be helpful.

    Kind regards,

    John
  • sourcrates
    sourcrates Posts: 28,870 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    hammersfan1 wrote: »
    Hi Dennis,

    Thank you for your reply.

    I was referring to an email that I may have sent to Cabot before the six-year limitation period had expired. No payments have been made in the six year period.

    I need to know also if I should be ticking the "I intend to defend all of this claim" box or the "I intend to contest jurisdiction" box. Also any help in what I should include on the defence form would be helpful.

    Kind regards,

    John

    Hi,
    Emails don't count as acknowledgement no, if you think the debt is SB then you should defend on that basis.

    It will be up to the creditor to prove it is not SB.

    Good letter here, use the relevant sentences as your defense :

    “An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

    https://www.nationaldebtline.org/EW/sampleletters/sole-letters/Pages/Time%20has%20run%20out%20to%20recover%20the%20debt%20(sole%20name).aspx
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • fatbelly
    fatbelly Posts: 20,483 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    Before that phrase I'd put 'I assert that the debt is statute barred under Section 5 of the Limitation Act 1980'

    and after it:

    The last acknowledgement of the account was made in (month) (year)

    There is an argument that email is 'in writing' (I've written about this previously) but see what they come back with. As Sourcrates says

    It will be up to the creditor to prove it is not SB.

    You're defending all of the claim
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