Statute barred debts and the Limitation Acts

fatbelly

Someadviceplease2015 wrote: »

Through my sister I found out today that a letter had been opened by my dad who was sick to death of returning them. It's a summons by a dc dated 16/9/15. It lists the finance provider which tallies with the catalogue but they have said the debt is assigned to the claimant in 2011.

So my questions are please:
Is the debt enforceable if i did not sign the credit agreement in 2009?
Which date would the debt effectively become statute barred?
Would requesting the proof of debt make the dc have to prove it?
Could the DC be stating debt as 2011 to try and pull one over as statute barred is approaching?
Any advice would be welcomed and much appreciated.
Thank you x

The requirement for a signed agreement was revoked by the CCA2006 act in April 2007. Yours predates this so a s127(3) defence may be the way to go. It's some time since I last used it but I have some standard text if you want it.

You need to respond to the claim within the timescales. An issue date of 16/9/15 means service 21/9/15 and you need to acknowledge service by 5/10 and put in the defence by 19/10, all this assuming the claim came from Northampton.

I am not sure that the claim would be statute barred as it appears that you were still operating the account within the terms and conditions on 17/9/09. However, if you're in Scotland it probably would be (5 years).

Someadviceplease2015

Thank you for the reply fb
I'm not sure if they reset my account when I moved? But anything must be worth a try!
Would using the full time allowed make me any nearer to statute barred or what date would it have become?
It is from Northampton by the way.
On the particulars of the claim it says assigned to the claimant x/x/2011. Does that make a difference when the debt is from 2009?
Thanks

fatbelly

From what you said earlier there was a payment due in October 2009 that you failed to make. Time would run from then. Their claim is dated 16/9/15 so is not statute barred unless you live in Scotland.

You say that you can date the account back to 2006 so I would run with a 'no signed agreement' defence, which was usually the case for catalogues of that era and why they would have been trying to get you to sign something in 2009.

Assignment date us not relevant.

The text I used to use to defend these claims many years ago follows

Even though the claim relates to goods sold and delivered to me, because they were sold on credit, the agreement is regulated under s8 of the Consumer Credit Act 1974 (CCA 1974) and does not fall within any of the exemptions in s16 CCA1974 or under the Consumer Credit (Exempt Agreements) Order 1989.

Under s61(1)(a) CCA1974 a regulated agreement is not properly executed unless a document in the prescribed form itself containing all the prescribed terms and conforming to the regulations under s60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner.

Under s65(1) CCA1974 an improperly executed regulated agreement is enforceable against the debtor on an order of the court only.

Under s127(3) CCA1974 the court shall not make an enforcement order under s65(1) if s61(1)(a)(signing of agreements) was not complied with, unless a document (whether or not in the prescribed form and complying with the regulations under s60(1) itself containing all the prescribed terms of the agreement) was signed by the debtor or hirer (whether or not in the prescribed manner).

I have no written agreement or document of any kind. The claimant has failed to comply with the requirements of s61 CCA1974. The regulated agreement is improperly executed under s127(3) CCA1974 and cannot be enforced by the court.

Someadviceplease2015

Thanks for that FB! Do you think I should ask for a copy of the credit agreement first or just go straight inwith the above?

Someadviceplease2015

Also should I go online and acknowledge now? Issue date 16/9/15. Thank you.

Lofty132

Hi guys hope this is the right place to ask for help! I got myself into a mess with Pay Day Loans a few years ago and in the end my mum took out a loan for me to consolidate all of my debts and sort my finances out. One of the companies I settled with was Wage Day Advance, in fact I have an email dated December 2011 in which their advisor acknowledges I have settled my account with them. However three days later I received emails claiming I hadn't paid, I rang up Wage Day Advance and they assured me it had been settled and apologised for the emails.

I received a text from them february this year, telling me to contact them urgently, which I ignored. I have had two texts of a similar nature this month. I ignored them because the company are a bit fly by night to be honest and I remember I wasn't the only person to be stung by their tactic of ransacking bank accounts for more money than authorised. As you can imagine I'm quite reluctant to contact them for any reason but I am concerned that they might be trying to claim I owe them money?

sourcrates

Lofty132 wrote: »

Hi guys hope this is the right place to ask for help! I got myself into a mess with Pay Day Loans a few years ago and in the end my mum took out a loan for me to consolidate all of my debts and sort my finances out. One of the companies I settled with was Wage Day Advance, in fact I have an email dated December 2011 in which their advisor acknowledges I have settled my account with them. However three days later I received emails claiming I hadn't paid, I rang up Wage Day Advance and they assured me it had been settled and apologised for the emails.

I received a text from them february this year, telling me to contact them urgently, which I ignored. I have had two texts of a similar nature this month. I ignored them because the company are a bit fly by night to be honest and I remember I wasn't the only person to be stung by their tactic of ransacking bank accounts for more money than authorised. As you can imagine I'm quite reluctant to contact them for any reason but I am concerned that they might be trying to claim I owe them money?

Hi,
As long as you have it in writing that the account is settled, then you have nothing to worry about.
If they persist in contacting you about this "debt", a strongly worded letter to there complaints debt, may be the answer.

fatbelly

Someadviceplease2015 wrote: »

Thanks for that FB! Do you think I should ask for a copy of the credit agreement first or just go straight inwith the above?

If you want to go the whole hog, follow

http://www.legalbeagles.info/forums/showthread.php?47790-Basic-first-Steps-to-take-on-receipt-of-a-Consumer-Credit-Court-Claim

If you do ask for a copy of your agreement, it's important to do it as a formal cca request.

Someadviceplease2015 wrote: »

Also should I go online and acknowledge now? Issue date 16/9/15. Thank you.

You can acknowledge any time up to 14 + 5 days from issue date - no problem in doing it early.

Someadviceplease2015

Thanks so much FB. Will send all the bits off tomorrow and update you how it goes if you don't mind?

rizla_king

Register and start a thread on legabeagles. You will get more help that way and may need it with a sneaky DCA.