Old debt from 2005 going to court

kbh4031
kbh4031 Posts: 1,129 Forumite
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in Debt-free wannabe
HI guys I have a debt from back in 2005 the debt was from Next
I know if its over 6 years it becomes statute barred but im not sure if I paid anything in the last 6 years, at one point I did have a debt company make payments for me but im nt sure what year that was.

I have had a county court letter now, its asking me if I have any defence to send asap. Can i dispute the claim?

Thank you xx
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Comments

  • sourcrates
    sourcrates Posts: 28,870 Ambassador
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    Tricky one if your not sure of your dates/payments etc.
    You could use the SB defence and then its up to the creditor to prove otherwise, if not SB, you'd have to either settle for what there asking or agree a payment plan with the court.


    Whatever you do, make sure you adhere to the timescales of the court.
    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
  • Bobarella
    Bobarella Posts: 10,824 Forumite
    Savvy Shopper! I've been Money Tipped!
    Can I just throw this in. Is it definately your debt? 3 years ago my husband and I moved house. We thought our credit was spotless. Apparently somebody had taken out a debt with Next at an address we had moved out of many years ago. My husbands name wasn't even spelled right on the account. Next had taken us to court in absence and my husband had a ccj against him that we hadn't known about for 8 years. In that time we'd gotten 2 mortgages & a lot of credit. Apparently there are 3 credit referencing agencies in the UK. Experian. Equifax & this other one. We both had checked our files with the former but not the latter. This situation almost derailed our move. When we confronted Next they admitted that they experienced a high volume of catalogue fraud around that time and it was all dismissed after a bit of too ing & frooing with the courts.
    So, I'd there is any chance this isn't your debt then confront Next.
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  • fatbelly
    fatbelly Posts: 20,481 Forumite
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    Is Next the claimant, or someone who bought the debt from them, like Lowell?

    If the latter, they may not have a record of payments made on this before they bought the debt.
  • kbh4031
    kbh4031 Posts: 1,129 Forumite
    First Anniversary Combo Breaker
    It is unfortunately my debt :(
    Fatbelly its restons solicitors, think they acquired it from Cabot
  • sourcrates
    sourcrates Posts: 28,870 Ambassador
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    I would go the SB route first, cant make the situation any worse by doing so.
    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: 20,481 Forumite
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    I agree

    Restons will be acting for Cabot, and Cabot may struggle to disprove your assertion!

    Time limits for recovering debts
  • spicefox
    spicefox Posts: 21 Forumite
    It's doubtful they would litigate on a SB date, you can chase for it but cannot legally enforce it.

    litigating costs money, they aren't going to waste it on a SB debt.
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  • fatbelly
    fatbelly Posts: 20,481 Forumite
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    They do it all the time, Spicefox, and get judgement in default because people do not defend/are not aware of the Limitation Act.

    I just answered another poster 5 minutes ago who is defending a claim on these grounds.

    If anything, I'd say it's getting more common.
  • spicefox
    spicefox Posts: 21 Forumite
    fatbelly wrote: »
    They do it all the time, Spicefox, and get judgement in default because people do not defend/are not aware of the Limitation Act.

    I just answered another poster 5 minutes ago who is defending a claim on these grounds.

    If anything, I'd say it's getting more common.


    No, they won't. They legally are not allowed and there would be repercussions were they do to so.

    They can ask you to pay your debt, they cannot litigate on it.
    DFW NERD NUMBER: 1479
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  • sourcrates
    sourcrates Posts: 28,870 Ambassador
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    spicefox wrote: »
    No, they won't. They legally are not allowed and there would be repercussions were they do to so.

    They can ask you to pay your debt, they cannot litigate on it.



    Incorrect I`m afraid.


    They can start court action, but, if the debt is proved to be SB, then they cannot obtain judgement on that debt.


    Lots of cases are won by the claimant by default because the debtor either fails to attend court or does not defend the action.


    They know a certain % of people will not know about or understand the Limitations act.
    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
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