Anyone been to court on a statute barred debt?

Ruddockus

Hi There,

This forum is slowly changing my life, I am in dispute with Northern Rock regarding a statute barred debt. Has anyone been to court when a debt has been statute barred?

Do I assume the company send you the county court letter and you contact saying you are defending as statute barred?

Would love to hear from anyone with situation as described.

Regards

peachyprice

You might get more reponses over on the main DFW board.

HTH

fiveyearplan

Have you not acknowledged the debt or made payments in the past 6 years?

Ruddockus

Hi There,

No Dec 2002 - Dec 2008 no acknowledgement/payment . I know it is Statute Barred and I have not been CCJ'd. I just wondered if anyone had been to court to fight a Statue Barred debt.

Regards

fiveyearplan

If it is statute barred I seriously doubt they would waste their money going to court. They might threaten it but doubt they'd go through with it.

blind-as-a-bat_2

fiveyearplan wrote: »

If it is statute barred I seriously doubt they would waste their money going to court. They might threaten it but doubt they'd go through with it.

Its a full defence in court anyway, if they do, and if i was the OP i would be compiling a case for a counter claim if they are continueing to threaten legal action;)

Ruddockus

Hi There,

What do you mean it is a full defence in court? What is an OP and how do I counter claim?

Regards

Trollfever

Does the debt relate to land and property?

Ruddockus

Hi There,

I took out a Northern Rock together mortgage, they gave you a secured element and unsecured loan as well. So it was never secured on a property. I changed mortgage companies and so redeemed the secured part of the loan. This is Statute Barred as I have sent the letters and the dca has been trying all sorts of stuff, I just tell them to p**s off and take me to court! The outstanding loan is the unsecured part of the loan, Northern Rock have even confirmed I paid the secured part off.

Regards

blind-as-a-bat_2

Trollfever wrote: »

Does the debt relate to land and property?

Valid point, as NR did a mortgage, plus an unsecured loan.

If it IS an unsecured debt, and you are sure it is statute barred, then the creditor, or DCA, CANNOT demand payment, they can ask nicely, and you can refuse with no repercusions.

But as it is statute barred, it is beyond the courts power to enforce it.

In simple terms, they cannot persue you through the courts if it is statute Barred, and if the threaten they will they breach the ‘The Consumer Protection from Unfair Trading Regulations 2008’, which is an unlawfull act, which means you can counter sue for damges/distress caused, at least in theory.

That is a very simplified answer, as it is very complexed, and if i am honest largely untested in the courts

I doubt that made it much clearer, but hope it did

Trollfever

Take professional advice.

More information here:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=11_mortgage_shortfalls