Lowell CCJ - Statute Barred?

Charlotte_starlet

Hi there,

I've never posted here before but I'm going out of my mind over a CCJ court form I received yesterday.

Bit of background here: I foolishly took out a credit card with Capital One in 2005, my first and only credit card. Basically I went hell for leather on it being young and naive and maxed it out within about 6 months! When it came to the repayments I tried my best to keep up but soon defaulted, I can't remember if it had been passed to a Collector by then but basically they refuse my low offer of repayment and demanded something like £60 per week which I could not pay. I buried my head and ignored every letter and call. Skip forward 9 years and I've moved house (still receiving letters from them off and on) then lo and behold the paperwork came from Norrhampton yesterday - CCJ for £5204.96 inc approx £500 fees.

I'm stumped, I don't know if it's possible it has been statute barred? The debt hasn't shown on my credit file for a long long time, I checked today - nothing there in current and past debts? I last made payment from memory about 2006/2007 but definately not after that as my son was a baby then and I was well, poor!

I called Bryan Carter Solicitirs today and explained all this, they said I paid £1, yes £1 in 2010 so the debt still is within the 6 years. I have no idea about this but I have a nagging feeling it was a massive error when I used the wrong payee code in my telephone banking to pay something else. So if I have done I'm kicking myself £1 now liable for £5000!

Foolishly I have filed a defends claim today stating that it's over 6 years since I knowingly paid anything, I've never entered a agreement via post or phone and it's not on my credit file. I didn't know about the £1 claim then so didn't include that.


Help appreciated!

Charlotte_starlet

Just to add, I filed it online. Is it possible to add and amend to this?

enfield_freddy

can you contact your bank and check payments from 4 yrs ago?


where you with the came bank in 2007? how (by what method) did you pay capitol one in 2006/07?

Charlotte_starlet

Same bank, paid monies over the phone direct to the advisor, never had a Direct Debit set up.

enfield_freddy

ok ,
1: proof of £1 payment from you to them ? how was it paid , what card ref number etc and date


2: bank , details of any payments of £1 sent to this company in 2010


unless they can prove a recept , then claim is false

sourcrates

So a CCJ has already been issued, or not ?
You would of had letters regarding this, prior to court action.
If not, you may be able to use the SB defence, as the onus is on them to prove you made the £1 payment, not for you to prove you didn't.

Charlotte_starlet

I found alas, a £1 telephone banking payment on my bank statement in nov 2010. I don't know yet if it was to Lowell or not

I didn't receive notice of the ccj to my knowledge and the blue forms came yesterday from the court.

I received a letter today from Bryan carter stating that they have now issued litigation proceedings through the court.

It's not looking good for me is it?

enfield_freddy

this sounds weird , why would you pay a random £1 after all those years ,"telephone banking payment " , please explain this , how was it paid , to whom? ,


or did they take £1 without you noticing?

Charlotte_starlet

Basically I set up a load of TB payees about 2007 to pay various debtors and I remember setting one up for Capital One. I don't think I ever used it to pay them as their refusal of my offers really annoyed me so I decides they could 'stick it' kind of attitude.

In 2010 I may have been trying to pay another debtor but typed in the wrong TB code (eg I typed in 20 instead of 21 etc)

I simply cannot recollect it but I most certainly would not have intentionally paid them. I have no idea why I'd pay £1 to anyone for that matter!

chanz4

if you paid them, your liable for the debt you owe

sourcrates

Charlotte_starlet wrote: »

I didn't receive notice of the ccj to my knowledge and the blue forms came yesterday from the court.
It's not looking good for me is it?

You should of been sent a letter stating that court action was imminent.
Its called "pre-action protocol", a creditor MUST do this before court action is started.
If they did not comply with pre-action protocols, then you can use that as a full defence to that action.
It is likely the court would throw out the claim on that basis.