Statute barred debts and the Limitation Acts

MAYA58

Thanks fatbelly for the reply, I wasnt aware of the claim until recently ... I will trty to set aside as suggested but will need witness statement and a draft defence. I emailed legalbeagles and hope will help me.

Kind Regards

hijinks

Hi folks, hope someone can give advice.
My wife has received a sheriff court citation regarding a debt that Cabot are chasing she has never acknowledged the debt it is from 2005 with Argos store card we don't have a signed contract with them, £805.00, Cabot took over chasing the debt in 2007 is this now time barred to collect.
I have sent the template letter for scottish statute of limitations to the lawyer they are using is that the correct course of action, the court has to have a reply of what we plan to do by 4 th December with a court date set for 18th, should I go to CAB or wait for a response form lawyer.

bluebiro

About three weeks ago I spoke to a debt collection agency over the phone. I asked them for the credit agreement I signed originally for a debt going back to November 20th 2008, they informed me they did not have this as they just bought the debt from Barclays, I said I would not deal with them or acknoledge anything till I saw a copy of this.
The question is they now have phoned again but not to inform me of the credit agreement. I told them the same thing and also mentioned this debt would now be statute barred (yesterday). They have said that because they were processing my request that the 'clock' was paused for 40 days, is this possible for them to do?

fermi

No. Not possible. Time continues to run.

Debt collectors are full of BS.

fatbelly

bluebiro wrote: »

About three weeks ago I spoke to a debt collection agency over the phone. I asked them for the credit agreement I signed originally for a debt going back to November 20th 2008, they informed me they did not have this as they just bought the debt from Barclays, I said I would not deal with them or acknoledge anything till I saw a copy of this.
The question is they now have phoned again but not to inform me of the credit agreement. I told them the same thing and also mentioned this debt would now be statute barred (yesterday). They have said that because they were processing my request that the 'clock' was paused for 40 days, is this possible for them to do?

When did you last acknowledge the debt by payment or in writing?

Was this an overdraft or a loan?

bluebiro

fatbelly wrote: »

When did you last acknowledge the debt by payment or in writing?

Was this an overdraft or a loan?

It was a loan, I have looked at my credit report again and after looking through this board it seems like they were talking rubbish anyway, I thought and they were telling me it was from the default date but there was 6 months previous April 2008 was the last time I acknowledged this by making a payment, though in 2009 I did want to start paying but barclays would not deal with me over the phone as I could not pass the screnning. I have never made written acknowledgement or paid anything since i stopped paying in April 2008 due to poor mental health at the time.

thewhiteavenger

bluebiro wrote: »

It was a loan, I have looked at my credit report again and after looking through this board it seems like they were talking rubbish anyway, I thought and they were telling me it was from the default date but there was 6 months previous April 2008 was the last time I acknowledged this by making a payment, though in 2009 I did want to start paying but barclays would not deal with me over the phone as I could not pass the screnning. I have never made written acknowledgement or paid anything since i stopped paying in April 2008 due to poor mental health at the time.

So the 20 Nov 2008 date was the default date. Last acknowledgement April 2008. Phone calls don't count. It's already been statute barred 7 months. Feel free to send them the SB letter.

fermi

apples05 wrote: »

Hi folks,

I have had numerous contacts from many different DCAs over the past 8-10 years for a Credit Card debt.

Absolutely no payment or acknowledgement has been made to any of the DCAs in this time, but I have never sent a staute barred letter either.

I am 100% sure that the debt is at least 8 years old and a recent letter from Restons Solicitors advises that their clients acquired the rights to it in March 2006

Today I have received notice of a claim filed by Restons Solicitors in the County Court Business Centre.

My question is , is it too late for me to send statute barred letter to Restons and should I respond to the claim advising that I intend to dispute as I believe the debt to be statute barred?

I don't want to do the wrong thing and end up acknowledging the debt but I'm concerned about not responding to a Court Claim as well.

Any advise would be much appreciated.

Many thanks

Think this a result here? http://www.legalbeagles.info/forums/showthread.php?56586-Cabot-Financial-%28UK%29-Ltd-Vs-Apples05&p=495401#post495401

fatbelly

Well done, apples!

ukdalai

hi again, ok i have now had contact from robinson way, actually hoist portfolio holdings 2, and robinson way are acting for them.

a brief history of my case, i defaulted on a loan with santander in 2005, they got a ccj against me, and i was paying moorcroft monthly, i was in a position to settle the debt in 2007,
at that point with interest i owed about £5.500 ish, on the advice of moorcrofts collector i offered them £4500 to settle, after a few months back and forth moorcroft refused to put the offer forward to santander, unless i filled out an income expenditure form, i did not want to give them my details so it was left there, until a few months later when i contacted santander,
they initially told me to talk to moorcroft, after explaining what happened i was told they no longer dealt with moorcroft and that i would be contacted by another agency.

Now the ccj came off my credit file in june 2011 and until now i have heard nothing.
Santander have now notified me that they have sold the account to hoist.
i have not had any contact with anyone regarding this case, or made any payments since moorcroft in 2007, i am no longer in a position to settle this or even make a payment plan as i am on a very low income now.
am i right in thinking that since the six years of ccj has expired they would need permission from the court to pursue this account, if this is the case how should i respond to robinson way.

thanks in advance for your help.
Craig