Statute barred but CCJ from debt collection agency

[Deleted User]

solentsusie wrote: »

The default is 2008 and will drop off my file in a couple of months.

The point I'm making is, the default date does not determine the SB date.

You may have last paid/acknowledged the debt before the default date, in which case the SB date will occur less than 6 years from the default date.

Alternatively, you may have last paid/acknowledge the debt after the default date, in which case the SB date will occur more than 6 years from the default date.

solentsusie

Bedsit_Bob wrote: »

The point I'm making is, the default date does not determine the SB date.

You may have last paid/acknowledged the debt before the default date, in which case the SB date will occur less than 6 years from the default date.

Alternatively, you may have last paid/acknowledge the debt after the default date, in which case the SB date will occur more than 6 years from the default date.

Yes, the default date would have been quite a while after the last payment date, so would be statute barred. I am 100% sure of this.

What I would like to know is will I receive any further communications in regard to this if the court decides that the alleged debt it stayed? Mortimer Clarke, the solicitors for Cabot only acknowledged my defense and have not contacted me since. I presume they have not contacted the court either and the CCJ they have applied for will be stayed. I presume they have no evidence to counteract this as I have heard nothing. So, does the court write to me telling me the action has been stayed and is there a timescale I can expect for this?

jadex

solentsusie wrote: »

The default is 2008 and will drop off my file in a couple of months.

But the query I have is this. Neither Cabot or their solicitor Mortimer Clarke have contacted me (or the court from the sounds of things) as they haven't contacted me again with any response to my defence. Am I therefore right in assuming that after their 28 days is up (which is tomorrow from the date on Mortimer Clarke's letter to me) that the request for the CCJ will be stayed? And will I receive any confirmation of this?

it is not 28 days since they have contacted you but, as your letter from Court explains, 28 days since Court served them, so you are now well past of that time period

jadex

solentsusie wrote: »

Yes, the default date would have been quite a while after the last payment date, so would be statute barred. I am 100% sure of this.

What I would like to know is will I receive any further communications in regard to this if the court decides that the alleged debt it stayed? Mortimer Clarke, the solicitors for Cabot only acknowledged my defense and have not contacted me since. I presume they have not contacted the court either and the CCJ they have applied for will be stayed. I presume they have no evidence to counteract this as I have heard nothing. So, does the court write to me telling me the action has been stayed and is there a timescale I can expect for this?

why don't you log in to your case and check status on-line?
you got login details on your initial Court papers

solentsusie

jadex wrote: »

why don't you log in to your case and check status on-line?
you got login details on your initial Court papers

I've looked online and there is nothing in the history since I lodged my defence on 5th August. It does not look as though Cabot/Mortimer Clarke have submitted any evidence, and I have heard nothing from them since their letter dated 15th August. It also does not look as though the case has yet been stayed.

solentsusie

jadex wrote: »

it is not 28 days since they have contacted you but, as your letter from Court explains, 28 days since Court served them, so you are now well past of that time period

Thanks, I was going from what I could consider the longest time frame possible, I have logged in online but nothing seems to have been concluded. I just wondered how long I need to wait as the default is due to drop off in the next couple of months.