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    • LostMeWay
    • By LostMeWay 18th Sep 17, 9:40 PM
    • 25Posts
    • 2Thanks
    LostMeWay
    Statute barred and going to court...
    • #1
    • 18th Sep 17, 9:40 PM
    Statute barred and going to court... 18th Sep 17 at 9:40 PM
    Evening all, hope this is in the correct place.

    I'll try and keep it simple.

    Got myself into about £20K of debt about 10 years ago. Have worked my !!! off and have more or less paid the most of it off.

    However, I had a loan from Welcome Finance from about Feb 2008 (according to recent court papers I received) which has recently surfaced. Think the loan was originally for £6K but according to the recent court papers the outstanding amount is/was now £2047.65

    Once I defaulted on the loan from Welcome it was passed to a few collection agencies. I remember making regular payments to one of them but then for one reason or another I ceased payments. Not big or clever I know.

    My first question is, is the statute barred 6 year time frame from when I made the last payment to Welcome Finance, when I defaulted with Welcome Finance or when I made the last payment to whatever debt collection company Welcome sold it to? Think I know the answer hence my second question.

    Received court papers from Shoosmith solicitors working on behalf of PRA Group who I assume have bought the Welcome debt from somewhere or someone.

    I have 28 days to respond to either dispute, counter claim or accept liability.

    The court papers are saying the amount they INTEND to apply to the small claims court is £2675.

    £2047 plus £517 interest and £110 court fees. So a total of £2675

    If the debt is not statute barred which I don't think it will be, is my best plan of action to get in contact via writing to Shoosmiths or the PRA Group and try and negotiate a reduced full and final settlement figure BEFORE sending back 'acceptance of liability' to the court. Or should I accept the debt to the court then try and negotiate a reduced full and final settlement.

    Any help or advice much appreciated. Thanks for reading.
Page 3
    • LostMeWay
    • By LostMeWay 2nd Dec 17, 5:22 PM
    • 25 Posts
    • 2 Thanks
    LostMeWay
    Guess I'm in a predicament.

    I'll battle all day with the solicitors. However I would be wary of perhaps burning any bridges with them. If they ended up with the upper hand after I've exhausted every avenue with them, I imagine they wouldn't do me too many favours after this so would damage my chances of a lower settlement.

    Is there any merit asking for more information and trying to use more legal arguments or should I try now and negotiate and get a low settlement figure as soon as I can?

    Best case scenario for them is I pay in full as soon as possible?
    Worse case for them would be a judge saying I'll pay it back at £30 a month? If this generates a CCJ to a certain degree it's irrelevant to them. I'm assuming they just want money and fast and by what ever means.

    Best case scenario for me is, I'm able to use a legal avenue to quash it or they take a very low settlement figure.
    Worse case for me is a CCJ.

    So ummmm......just need to find the middle ground, eh?
    • sourcrates
    • By sourcrates 2nd Dec 17, 6:11 PM
    • 12,673 Posts
    • 12,009 Thanks
    sourcrates
    Guess I'm in a predicament.

    I'll battle all day with the solicitors. However I would be wary of perhaps burning any bridges with them. If they ended up with the upper hand after I've exhausted every avenue with them, I imagine they wouldn't do me too many favours after this so would damage my chances of a lower settlement.

    Is there any merit asking for more information and trying to use more legal arguments or should I try now and negotiate and get a low settlement figure as soon as I can?

    Best case scenario for them is I pay in full as soon as possible?
    Worse case for them would be a judge saying I'll pay it back at £30 a month? If this generates a CCJ to a certain degree it's irrelevant to them. I'm assuming they just want money and fast and by what ever means.

    Best case scenario for me is, I'm able to use a legal avenue to quash it or they take a very low settlement figure.
    Worse case for me is a CCJ.

    So ummmm......just need to find the middle ground, eh?
    Originally posted by LostMeWay
    You have one more powerful weapon in your armory, and i suggest you get yourself over to legal beagles (if you haven't already) and get some help there :

    http://legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

    As it was a loan, you can make a CCA request, and a CPR request also.

    Legal Beagles will help you with this.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    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/
    • LostMeWay
    • By LostMeWay 2nd Dec 17, 6:41 PM
    • 25 Posts
    • 2 Thanks
    LostMeWay
    What am I specifically looking for with a CCA/CPR request because I was sent quite a lot of paperwork and it might already be there....
    • Cotswoldtony
    • By Cotswoldtony 2nd Dec 17, 6:44 PM
    • 16 Posts
    • 2 Thanks
    Cotswoldtony
    I just explained how to take the solicitor completely out of the game.
    You do understand this is a game COURT like a tennis court, badminton court squash court.
    Do you play tennis to find middle ground or to win.
    Send the letter to the solicitor with the exact words I used, do not add, take away any words or change any words because it's legalese language they understand but you do not.
    If you play for middle ground with a solicitor you will not win.
    You are looking for the perfect silver bullet from this site.
    I gave you the bullet it's up to you if you load the gun and pull the trigger aimed at the solicitor.
    You can not imagine how powerful that little sentence is to a member of the legal society.
    I can tell you the solicitor will never want to put one foot into a court room up against you after reading that one sentence.
    They know immediately they can not beat you in court and you will make a counter claim.
    If you want me to be your Mc Kenzie Friend just ask.
    • LostMeWay
    • By LostMeWay 2nd Dec 17, 6:53 PM
    • 25 Posts
    • 2 Thanks
    LostMeWay
    I'm not dismissing your post or suggestions. But surely you can understand me being cautious? I don't want to do anything that could make the situation worse.

    Surely if it's as easy as you say to take a solicitor out of the picture, then everyone with a looming court debt would be doing what you've suggested? I'd love nothing more than to do what you've said and win. But surely there's a flip side?
    • LostMeWay
    • By LostMeWay 3rd Dec 17, 11:15 AM
    • 25 Posts
    • 2 Thanks
    LostMeWay
    Should I start another thread for advice on how to now approach the DCA to hopefully get this settled before going to court?
    • sourcrates
    • By sourcrates 3rd Dec 17, 12:43 PM
    • 12,673 Posts
    • 12,009 Thanks
    sourcrates
    Should I start another thread for advice on how to now approach the DCA to hopefully get this settled before going to court?
    Originally posted by LostMeWay
    This is your situation, you were relying on a statute barred defense, now that appears to of been ruled out.

    You can negotiate with the DCA but time is of the essence, and they still may seek judgement against you anyway, just to consolidate their position.

    I am assuming this welcome finance loan was originally regulated by the consumer credit act, in which case, no "wet signature on an invoice" is required to make the debt valid, just a copy of the agreement to prove to the court the debt existed, which is why i asked you if you had done a CCA request, without that piece of paper the case falls down flat.

    I would doubly check that first.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    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/
    • fatbelly
    • By fatbelly 3rd Dec 17, 1:52 PM
    • 11,643 Posts
    • 8,776 Thanks
    fatbelly
    Or go for a Tomlin Order

    https://www.stepchange.org/debt-info/debt-collection/tomlin-order.aspx
    • LostMeWay
    • By LostMeWay 3rd Dec 17, 6:27 PM
    • 25 Posts
    • 2 Thanks
    LostMeWay
    Hi sourcrates and fatbelly,

    I think the paperwork they have sent me more or less cements their argument and makes mine invalid.

    So that said, I could probably raise funds between now and the court date.

    So I guess my battle is now how to get a low full and final settlement.

    They want money and fast. So a court ruling I can pay them £30 a month is not really in their interest even if it meant I got a CCJ, they'd be waiting near 7 years for it to paid.

    So I guess I want to bluff/convince them that whether a CCJ is granted or not, they'll still only be getting £30 a month, then make an offer?
    • fatbelly
    • By fatbelly 3rd Dec 17, 9:06 PM
    • 11,643 Posts
    • 8,776 Thanks
    fatbelly
    2675 at 30 per month would take 7.5 years. Yes you could try convincing them that it would be in their interest to accept a lump sum settlement with the funds coming from a third party.
    • Cotswoldtony
    • By Cotswoldtony 4th Dec 17, 11:45 AM
    • 16 Posts
    • 2 Thanks
    Cotswoldtony
    Yes there is a flip side, they will run over you like a steam roller because you are in total fear of the Court System and Solicitors.
    Pay up or man up it's up to you.
    Solicitors are nothing more than negotiators, they are the ones in fear of L.I.P's in Court.
    • LostMeWay
    • By LostMeWay 6th Dec 17, 1:50 PM
    • 25 Posts
    • 2 Thanks
    LostMeWay
    OK so a quick update if I may...

    I told the solicitor that all I could offer the DCA was £35 a month starting with immediate effect.

    This proposal was accepted on the conditions I accept liability and let the court know of my intentions. The court would then issue a decree but it'd be suspended because there's a payment plan in place. However it would still affect my credit rating.

    So what's my best approach now for making a full and final offer? Surely they'd rather have a lump sum fast as opposed to £35 a month for 7 years?
    • fatbelly
    • By fatbelly 6th Dec 17, 4:19 PM
    • 11,643 Posts
    • 8,776 Thanks
    fatbelly
    Didn't realise you were in Scotland so not sure if previous advice re Tomlin orders applies.

    If you are accepting that you will have a decree, then make a few payments then try for settlement using the relevant national debtline letter.
    • LostMeWay
    • By LostMeWay 6th Dec 17, 5:02 PM
    • 25 Posts
    • 2 Thanks
    LostMeWay
    Hi Fatbelly

    I'm actually in Northern Ireland.

    I can raise funds. But I guess I just don't wanna pay anything more than I have to.
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