Statute barred but CCJ from debt collection agency

solentsusie

Hi

Not that I am suspicious of credit reference agencies but I have just applied for my credit file from Experian (still haven't had my password to access my account even though I have been waiting a week but that's another issue!) and all of a sudden a Claim Form from the Northampton County Court Business Centre drops through my letter box. It is in my married name not in my maiden name, which I have reverted to, so I presume applying for my credit file has stirred something up somewhere!?

The claim is for a very old credit card debt that I know is statute barred. I got into severe financial difficulties when I split with my ex over 8 years ago (two young children, no home and no money to pay any bills!) and have been living at my current address over 6 years and I know the last payment I ever made dates from way before that.

Anyway it states in the particular of the claim the following:

"By an agreement Between "A BANK" and the Defendant on around 29/10/2003 ("the Agreement") A BANK agreed to issue the Defendant with a credit card upon the terms and conditions set out therein. In breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant on 15/03/2010.
THE CLAIMANT THEREFORE CLAIMS XX.XX"

The Claimant is CABOT FINANCIAL (UK) LIMITED
and the address for sending document and payments
MORTIMER CLARKE SOLICITORS

I know that this debt is statute barred (even though I no longer have any documentation regarding this - do I need them?) but I also know it is essential that I respond so as not to get a CCJ.

Please can someone who knows about these things advise me on the correct wording I need to put in the box to defend the claim as a statute barred debt.

Thank you for your help!

jacques_chirac

Would it be beyond your contemplation to repay the money you borrowed and spent?

solentsusie

jacques_chirac wrote: »

Would it be beyond your contemplation to repay the money you borrowed and spent?

I apologise profusely to you for being such a terrible person and not repaying this debt. I am not on here for your judgement, so please keep these kind of comments to yourself or make them on another post. If my ex had paid me the money I was entitled to when we split rather than hide it through shady dealings in his business then I would have been able to. But hey ho the past is the past and I have been attempting to rebuild my life the best way I can as we all do.

Best of luck with your life.

solentsusie

Dear All

Any useful help greatly appreciated. Sarcastic or morally judgmental comments are not. I do not post these sorts of comments on other people's threads and I would appreciate the same behaviour on mine.

I am sure all those who have never once made a mistake in their lives will appreciate my sentiments....

Have a lovely evening all.

cheops2006

What is the default date on the account? Have you looked at your credit report?

AJG384521

Lot of information on , https://www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Page-06.aspx.

Also has a sample letter.

P.S If you do send a letter I would just print your name, some unscrupulous companies have been known to copy signatures onto earlier dated letters.

Voyager2002

jacques_chirac wrote: »

Would it be beyond your contemplation to repay the money you borrowed and spent?

Pointless: the letter is from a collection agency.

solentsusie

cheops2006 wrote: »

What is the default date on the account? Have you looked at your credit report?

Hi, I would love to look at my credit report but Exqufax still haven't sent my password so I can access it online.

Although the debt was "sold on" to the collection agency in 2010, according to the details in the court document I received, I know the debt must be from 2008 or earlier. I don't have any details of it anymore...

solentsusie

Thanks for the helpful replies.

Can I point out that this is an actual court claim and I have to put in a defence counter claim. That is the bit I need the help with the wording on. As I have said, I am sure this debt is statute barred.

I have heard of companies that have purchased debts sticking new default dates on your credit record or incorrect default dates added by original lenders, that is why I applied for my credit file in the first place.

AJG384521

For your counter claim just say the debt is statute barred, then the onus is on the company to prove otherwise e.g proof that you have made payment or acknowledged the debt in the last 6 years.

Nasqueron

solentsusie - sign up with Noddle (the front end for Call Credit) - it's free and you can access the account almost immediately - they're one of the 3 CRA in the UK so it should give you some info there