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catalogue debt dispute

babygrump
Posts: 5 Forumite
I started buying goods from a catalogue on 2/4/1997. After many years of paying, due to very bad circumstances in my life at the time, I defaulted and had no contact with this company whatsoever until about two years ago when out of the blue I started to receive letters from debt collectors. The debt collection companies changed about 4 times. At the end of July just gone I received a letter from a firm of Solicitors together with a County Court Summons stating that I owe £775.11 including Court costs. I replied to these people using a template letter which I found through this site, quoting 7.15.4 and 7.15.8 of the Limitation Act 1980 Section 5. They have now replied saying, inter alia, "please be advised that the cause of action accrues on termination date which was 24/12/2008. I have never been advised of any termination date whatsoever. This debt is 17 years old and how convenient that they have made a termination date which will end on 24/12/2014. I asked in my letter to them to provide me with proof of evidence of payment or written contact with them under Section 5 of the Limitation Act but they have totally ignored that. They also say that their client wants to work with me to agree a payment plan and they have placed the matter on hold (as I sent the Summons back to them telling them to deal with it). As far as I am concerned, this is not only statute barred but a "stale claim". I would be most grateful if anyone could please advise me of the next steps to take. Thank you.
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try http://www.legalbeagles.info/forums/ as this is a legal thing0
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The 6 year time limit runs from either the date of the last payment you made to the account, or, the date you last acknowledged the debt in writing.
If no payment or acknowledgement is made within a period of 6 years, and no CCJ is issued, then the debt would be SB.
So, you need to be spot on with your dates here, there are other things you can do if the account will not become SB till December.
Was it an actual county court summons you received ? or just a letter threatening action ?, if it was a real summons you cant just "send it back to them", you risk a CCJ by default here.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
I was an actual CCS.
I have never acknowledged anything to them in writing and have had no contact at all with them for at least 8 years, if not more.
I am sure they manufactured this date out of thin air.0 -
Well the summons wont just go away, as I said before, if you don't defend the court claim, they will win by default, and get a CCJ against you, wear as if you defend on the basis that the debt is SB then you would likely win.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0
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Details here on what you should do :
https://www.payplan.com/advice/law/county-court-summons/
but it is time critical !!!!!
How long since you sent them it back ?
You only have 14 days in which to respond to the court !!!I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
they might argue this in court though http://www.forwarn.com/news/db.asp?PageName=Court_of_Appeal_provide_welcome_relief_for_Finance_Companies which is why you need to get proper legal help0
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Do I have to write to them to get the CCS back? In their letter they asked me to fill in the claim form but they did not enclose it.
I don't understand why my case is so difficult legally, because it is 17 years old. I am reading other cases on here much younger than my debt and they are being told the catalogue company has no claim against them as they are 6 or so years old and statute barred.
Don't mean to sound ungrateful at all, just very frustrated.0 -
Oh dear it seems I will be judged in default as it is more than 14 days since I received the Summons.0
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Oh dear it seems I will be judged in default as it is more than 14 days since I received the Summons.
I would ring them first thing in the morning and ask if they have/have not sought judgement yet, if not, ask them to re-issue the summons, if they have sought judgement, then its too late.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
sourcrates wrote: »if they have sought judgement, then its too late.
I thought you could have it set aside?Debt Free! Long road, but we did it
Meet my best friend : YNAB (you need a budget)
My other best friend is a filofax.
Do or do not, there is no try....Yoda.
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