Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • NikNoks
    • By NikNoks 17th May 17, 6:13 PM
    • 8Posts
    • 0Thanks
    NikNoks
    HELP CCJ Claim on Statute Barred Debt
    • #1
    • 17th May 17, 6:13 PM
    HELP CCJ Claim on Statute Barred Debt 17th May 17 at 6:13 PM
    Hello all,

    I received a CCJ claim today on a debt that became statute barred in April 2015. I have been chased Cabot/Marlin/Mortimer Clarke for this debt, I have responded each time, I hadn't heard from them for a long time now I've suddenly got a CCJ letter. Not sure what to do.
Page 1
    • nic_c
    • By nic_c 17th May 17, 7:52 PM
    • 752 Posts
    • 470 Thanks
    nic_c
    • #2
    • 17th May 17, 7:52 PM
    • #2
    • 17th May 17, 7:52 PM
    Are you sure its statute barred? You need to respond to the claims form and state that the debt is SB. Is the claims form on behalf of a debt collector you have dealt with before?
    • sourcrates
    • By sourcrates 17th May 17, 8:05 PM
    • 10,548 Posts
    • 10,340 Thanks
    sourcrates
    • #3
    • 17th May 17, 8:05 PM
    • #3
    • 17th May 17, 8:05 PM
    Follow the instructions in the pack, acknowledge service online (this gives you 28 days to respond) fill in the forms, you should defend the claim on the basis the debt is statute barred.

    That is a full defence to any claim, they have to prove otherwise, you do not have to prove anything.

    More info here :

    http://legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • NikNoks
    • By NikNoks 17th May 17, 8:08 PM
    • 8 Posts
    • 0 Thanks
    NikNoks
    • #4
    • 17th May 17, 8:08 PM
    • #4
    • 17th May 17, 8:08 PM
    I'm sure, it defaulted in April 2009. I have made no payments or acknowledged the debt at all. I have been chased on this debt by Marlin/Cabot/Mortimer Clarke. I have responded to them stating it was statute barred. The letters stop for a while then I get one from a different company for the same debt. The CCJ is on behalf of Marlin debt collectors.
    • sourcrates
    • By sourcrates 17th May 17, 8:46 PM
    • 10,548 Posts
    • 10,340 Thanks
    sourcrates
    • #5
    • 17th May 17, 8:46 PM
    • #5
    • 17th May 17, 8:46 PM
    I'm sure, it defaulted in April 2009. I have made no payments or acknowledged the debt at all. I have been chased on this debt by Marlin/Cabot/Mortimer Clarke. I have responded to them stating it was statute barred. The letters stop for a while then I get one from a different company for the same debt. The CCJ is on behalf of Marlin debt collectors.
    Originally posted by NikNoks
    Default date is not the cause of action date, that's the date of the last payment you made, the date the clock runs from, so likely to of been a few months prior to that.

    Respond as I have suggested above.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,284Posts Today

13,128Users online

Martin's Twitter
  • The strange thing with a 4yr old is having to play & smile while inside feeling sick for those in trauma in my birth town #Manchester

  • Just a quick ta-ta for now. I'm taking the week off for family time with mini and Mrs MSE. So I won't be here much. Back after the bank hol

  • Ugh another one trying it! Beware https://t.co/Ab9fCRA76F

  • Follow Martin