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    • whynow
    • By whynow 3rd Oct 17, 7:47 PM
    • 11Posts
    • 0Thanks
    whynow
    How do I dispute a default date?
    • #1
    • 3rd Oct 17, 7:47 PM
    How do I dispute a default date? 3rd Oct 17 at 7:47 PM
    Recently I was contacted by Shoosmiths LLC regarding a debt from a loan taken out with the Halifax bank in March 2007. I was issued with a CCJ against this on in November 2014,

    I contacted them with an information request asking for the cause of action date as I think there is a 50/50 chance that the debt was statue barred beforehand.

    I asked for the following information

    1. The cause of action date.
    2. The date the original agreement was signed.
    2. The date the last payment was made towards the debt.
    3. The date that the courts papers were issued.

    They responded with the following information.

    Date of agreement: 22nd March 2007
    Date of last payment: 11th November 2009 in the sum of £171.66
    Date of judgement: 6th November 2014

    I think that the date of last payment may be wrong, as few months before that I had moved to a new place, so there would not have been informed of the new address.
    Also on the 11th of November 2009 I was actually in Poland on holiday with friends.

    How do I go about getting proof of that last payment as well as the correct cause of action date. I am sure they are trying to palm me of with this date as the cause of action date.

    I do not have access to any of my bank accounts from those dates, so I am unable to verify anything my end.

    Also the figures would not work out if I had made payments for that long. The debt is for £5200 on a £4000 loan. This would mean that I paid the debt for two year so should have been more like half these amounts.

    To me something doesn't seem correct, so before I make a final settlement offer, I want to make sure it was not statue barred beforehand.

    Thanks in advance.
    Last edited by whynow; 04-10-2017 at 7:16 AM.
Page 1
    • sourcrates
    • By sourcrates 3rd Oct 17, 11:54 PM
    • 12,714 Posts
    • 12,051 Thanks
    sourcrates
    • #2
    • 3rd Oct 17, 11:54 PM
    • #2
    • 3rd Oct 17, 11:54 PM
    A subject access request will get you all the information the creditor has on you.
    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/
    • whynow
    • By whynow 4th Oct 17, 6:59 AM
    • 11 Posts
    • 0 Thanks
    whynow
    • #3
    • 4th Oct 17, 6:59 AM
    • #3
    • 4th Oct 17, 6:59 AM
    Hi, I did request that, they only sent me the above information.

    I did request my cause of action date as a particular piece of information that I wanted, but this was not mentioned in the letter that they sent me.

    The more I think about this the more I know I defaulted on this debt quite some time before that last payment date they mention which is 11th November 2009.

    Another question I have say I defaulted on the loan before the 6th November 2008 which would make it more than 6 years before the CCJ was issued, but I did make a payment to a debt agency after that, would the debt still be statue barred.

    I am sure this company is not providing me with enough information on purpose.
    Last edited by whynow; 04-10-2017 at 7:05 AM.
    • StopIt
    • By StopIt 4th Oct 17, 8:02 AM
    • 1,449 Posts
    • 1,239 Thanks
    StopIt
    • #4
    • 4th Oct 17, 8:02 AM
    • #4
    • 4th Oct 17, 8:02 AM
    Hi, I did request that, they only sent me the above information.

    I did request my cause of action date as a particular piece of information that I wanted, but this was not mentioned in the letter that they sent me.

    The more I think about this the more I know I defaulted on this debt quite some time before that last payment date they mention which is 11th November 2009.

    Another question I have say I defaulted on the loan before the 6th November 2008 which would make it more than 6 years before the CCJ was issued, but I did make a payment to a debt agency after that, would the debt still be statue barred.

    I am sure this company is not providing me with enough information on purpose.
    Originally posted by whynow

    The statute bar activates 6 years after the last payment or acknowledgement of the debt at anyone responsible for the debt.


    If you made a payment to a debt collection agency, the debt would have been statute barred 6 years after that date. It doesn't look likely that it would have been statute barred on this basis.
    • whynow
    • By whynow 4th Oct 17, 9:30 AM
    • 11 Posts
    • 0 Thanks
    whynow
    • #5
    • 4th Oct 17, 9:30 AM
    • #5
    • 4th Oct 17, 9:30 AM
    This is what I am trying to work out. The last payment date does not seem correct to me and I need to know how to ask for proof of this information. I had moved to a new address just before their stated last payment date and was unlikely they knew my new address, and also I was abroad on holiday at the time.
    • StopIt
    • By StopIt 4th Oct 17, 9:49 AM
    • 1,449 Posts
    • 1,239 Thanks
    StopIt
    • #6
    • 4th Oct 17, 9:49 AM
    • #6
    • 4th Oct 17, 9:49 AM
    This is what I am trying to work out. The last payment date does not seem correct to me and I need to know how to ask for proof of this information. I had moved to a new address just before their stated last payment date and was unlikely they knew my new address, and also I was abroad on holiday at the time.
    Originally posted by whynow

    If they aren't co-operating, your only recourse is to apply for a Set-Aside at court.


    It costs £255, and requires the following conditions to be met.


    1: That you couldn't contest the original CCJ for reasons that are accepted by the court.


    2: That you have a defence to the CCJ


    3: That you acted as soon as you were able to.


    If the court agrees that they can't prove that the debt wasn't statute barred, it'll be set aside and you can deal with it from there.


    If the court accepts the evidence presented to you about the payment date, then it wont be granted.


    One to get legal advice before proceeding with anything really.
    Last edited by StopIt; 04-10-2017 at 9:51 AM.
    • whynow
    • By whynow 4th Oct 17, 10:57 AM
    • 11 Posts
    • 0 Thanks
    whynow
    • #7
    • 4th Oct 17, 10:57 AM
    • #7
    • 4th Oct 17, 10:57 AM
    It hasn't reached the stage of getting it set aside, I am more trying to work out how to get the correct facts regarding my last payment (cause of action date). If i got it set aside and Shoosmiths are correct on their date it resets the CCJ to another six years. I am currently three years into this CCJ which could mean I get a better deal on a full and final settlement offer.

    They haven't been uncooperative, I have only sent them one letter so far, and they did respond in a timely matter.

    Before I make a final settlement offer, I just want to get all the correct facts so I can confirm that it was not statute barred before the CCJ was issued. All they did was send me a letter with some dates on and without any details regarding them.

    The last thing I want to do is offer them a full and final settlement if this debt was statute barred before the CCJ was issued.
    • StopIt
    • By StopIt 4th Oct 17, 11:03 AM
    • 1,449 Posts
    • 1,239 Thanks
    StopIt
    • #8
    • 4th Oct 17, 11:03 AM
    • #8
    • 4th Oct 17, 11:03 AM
    It hasn't reached the stage of getting it set aside, I am more trying to work out how to get the correct facts regarding my last payment (cause of action date). If i got it set aside and Shoosmiths are correct on their date it resets the CCJ to another six years. I am currently three years into this CCJ which could mean I get a better deal on a full and final settlement offer.

    They haven't been uncooperative, I have only sent them one letter so far, and they did respond in a timely matter.

    Before I make a final settlement offer, I just want to get all the correct facts so I can confirm that it was not statute barred before the CCJ was issued. All they did was send me a letter with some dates on and without any details regarding them.

    The last thing I want to do is offer them a full and final settlement if this debt was statute barred before the CCJ was issued.
    Originally posted by whynow

    If you sent an SAR request (The one that costs £10) and that's all they gave you, they may not be able to prove the debt wasn't statute barred.


    They are not going to admit the debt was statute barred, as they already have a CCJ. But you can force their hand.


    You can threaten a set aside request if they don't show evidence of this payment. If they don't comply, then you proceed with that request.


    Remember, the debt will not be set aside if the defence of being statute barred isn't valid. They would contest the set aside and it'll be thrown out at that stage. So you wouldn't be facing another CCJ, just a £255 bill.
    • whynow
    • By whynow 7th Oct 17, 8:51 AM
    • 11 Posts
    • 0 Thanks
    whynow
    • #9
    • 7th Oct 17, 8:51 AM
    • #9
    • 7th Oct 17, 8:51 AM
    So the best cause of action would be to ask them for further information regarding this last payment? What should I ask for in regards to evidence on this?
    • sourcrates
    • By sourcrates 7th Oct 17, 11:34 AM
    • 12,714 Posts
    • 12,051 Thanks
    sourcrates
    So the best cause of action would be to ask them for further information regarding this last payment? What should I ask for in regards to evidence on this?
    Originally posted by whynow
    Ideally a bank statement, on headed paper (not a spreadsheet) showing your payment credit the original account is the only irrefutable evidence that would prove or disprove, the accounts status.
    Last edited by sourcrates; 07-10-2017 at 11:37 AM.
    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/
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