Statute barred debt - Where do I stand? any advice please help :(

annoyedindebt

Hi

i'll try and keep this short, around 30 mins ago I just had some court papers hit my doorstep for a company filing for a CCJ. They say I owe £2268.99 on an old lloyds credit card from 2002.

I do have debt from this period in my life and have tried to sort it in the past and got nowhere so I just left it.

As it stand i believe I owe the following

Lloyds loan £8000
Lloyds overdraft £10000
Halifax loan £8000
Lloyds credit card £2200

All debts are 7 years old apart from the credit card is older. It all started when I went in to lloyds asking for help, previously never once missing a payment on anything in over 3 years, they didnt offer any help, didnt give me payment breaks(as promised) wouldnt let me change amount payable per month on the loan(as promised) , his only words were 'we cannot do anything, just use your overdraft"...which I stupidly did and thats where everything went wrong. This was 7 years ago now, I had tried writing to them offering payment and trying to negotiate over the phone, I got nowhere, they refused anything I offered and only wanted full payment on the debt. I just gave up and left it.

Then today the credit card court papers just come. From what I remember the credit card limit was £1000, they are claiming for £2268.99.


What can I do?
I simply cannot afford to pay the lump sums and am not in a great financial position where I can offer any form of decent sum per month. Most likely £5 on each debt

I do not want to go bankrupt, I have considered it but I just simply do not want to do this.

All the debt brings back bad memories and a past I had forgotten, yes I got the loans and yes I am responsible but at the same time lloyds went back on every promise they made and did nothing to help me out when I needed it. Other people in my life at the time stole from me as well.

Can anyone offer some advice here? I really do not want a CCJ. I dont actually have credit and have not had any for around 5 years now, for the reasons above, I dont want it ever again.

SeanG79

When did you last make a payment or acknowledge the credit card debt? if its more than 6 years ago then the debt is statute barred and they cannot pursue a CCJ

bargainbetty

Use the Prove it letter in here.

http://forums.moneysavingexpert.com/...93&postcount=2

Don't sign it, just print your name. Buy yourself time. If you are absolutely shure that you have made no payments to any cimilar debt for more than six years, it is stature barred anyway, so a second letter will sort it out.

You can come back for that! For now, write to them. Don't phone. Ever!

McKneff

They are trying to put the frighteners on you by mentioning a CCJ.

If yu have not acknowledged the debt in the last 6 years, then the debt cannot be enforced.

Clarify that first and then we can help you more.

annoyedindebt

Hi

I have just phoned the "step change debt charity' and they have told me that as all the above debts are over 6 years old and I have made no admittance or payment in that time, that the debts are 'statute barred'. They told me to send a letter to lloyds stating this and reply to the court using the dispute form.

I have just sat down with my wife and we have calculated that all debts are over 6 years and that was the last time I made any payments or contact by letter. I still have the recorded letters I sent lloyds that are over 6 years ago (which they ignored).

annoyedindebt

McKneff wrote: »

They are trying to put the frighteners on you by mentioning a CCJ.

If yu have not acknowledged the debt in the last 6 years, then the debt cannot be enforced.

Clarify that first and then we can help you more.

No, they have filed for a ccj, I have court papers sitting here for northampton county court.

cannyscot_2

Remember not to acknowledge the debt at all as then you will be liable. ie not even from 6 years ago.

annoyedindebt

cannyscot wrote: »

Remember not to acknowledge the debt at all as then you will be liable. ie not even from 6 years ago.

No I wont, I will just be send a pre worded letter to lloyds and replying on the court papers with what the debt charity just told me.

He said they will probably keep selling the debt on, so will still most likely get the letters in future.

annoyedindebt

Hi

Can someone help me please

I have court forms here from northampton county court for a debt can be classed as 'statutue barred' how do I reply on the court papers? is there a specific wording to be used in the 'defence box' to state to the courts the the debt is statute barred?

Thanks

FireWyrm

A statute barred debt is an absolute defence. They cannot persue court action. So, the question is, how do you know it is statute barred and do you have any information to back this up?

annoyedindebt

FireWyrm wrote: »

A statute barred debt is an absolute defence. They cannot persue court action. So, the question is, how do you know it is statute barred and do you have any information to back this up?

I have not made payment or contact for nearly 8 years. It is 100% statute barred, im just unsure how to word it on my defence for these court papers.

It is an old credit card from lloyds.