CC writ issued against suspected statute barred debt

keeperlit

**I have updated this - scroll down to post #12**

Hi guys, I need some advice...hope y'all can help

I defaulted on a debt with MBNA some time back. Exact date I do not know but I believe I to be 6 years ago, I can't prove this tho. The debt (7500) has since been passed on to numerous debt collectors. I have ignored every single one of them and have never taken their calls or responded to letters/threats. Today I just received a writ from a county court and now have 21 days to respond. I guess I'm looking to know what my options are..?

I can't prove when the last payment was made as I used the little slips at the bottom of the cc statements for months and I've no idea where the receipts are now. But I've had my head buried in the sand for years regarding this debt and its gotta be very close to six/seven years since I last made a payment so it could be statute barred...I just have no way of knowing. I've looked on experian and they tell me that i defaulted in 2011 but thats nonsense I defaulted years before that!

Any advice on my options from here would be greatly appreciated!
As I see it my options are:

1. Go to court and defend. No idea how I would go about arguing my case successfully here tho...I do/did owe MBNA money

2. Try and make a full and final offer to the debt collectors (not best placed to make this any more however)

Any other options/advice would be great!

I was living in northern Ireland at the time I now live in Scotland

Now before folk go off on one saying I'm trying to dodge paying my debts...I never intended to dodge this debt, but these guys have ripped me off for years, refused to try to help me at the time before I defaulted, and have made their money back from me many times over already. Not excusing defaulting...just saying, they never really wanted me to pay back that debt and I have very little sympathy for them.

Thanks in advance

patman99

First thing to do is to send a 'prove it' letter (I believe there is info on these in the 'stickies' at the top of the main thread).

You need to get the information as to whether or not it has been 6 years since oyur last payment. This is important as it will provide the evidence as to whether or not the debt is statute barred.

The only problem you have is that the prove it letter will give them 28 days to respond. You only have 21 days before your Court date.

You will need to submit a defense pack to the Court and you could in this, submit that it is your belief that the last payment made by you was over 6 years ago, and thus, you believe the debt to be S/B.

You may well want to obtain statements from your Bank to submit as part of the evidence to prove no payments had been made in 6 years, as the DCA may well try to use a false receipt for payment in attempt to fox the judge in to believing that you have made a payment in the last 6 years.

keeperlit

Hi, thanks for getting back to me. So I guess that's a +1 for going to count and putting a case forward. I'll have to get a full set of bank statements for the two bank accounts I had at the time and comb through them. Although as I previously mentioned I used the little slips I got off the credit card statement so it wont tell me the whole story.

Thanks again

Stewart_78

Do a CCA request on the account. If they don't send you a proper CCA in 14 days, the account is held in dispute I believe.

thewhiteavenger

You're under Scottish jurisdiction. I'm not familiar enough with the Scottish process to offer any useful advice (suggest National Debtline Scotland) but I do know that the limitation period in Scotland is 5 years not 6.

National_Debtline

Hi keeperlit

If what you have received are indeed county court papers, as opposed to an "initial writ" from the sheriff court, you ought to be challenging the court's jurisdiction as it doesn't extend to Scotland.

Could you specify what kind of paperwork you have received? Either way you are probably best served by contacting one of the free debt advice charities directly on this one.

Dennis
@natdebtline

keeperlit

Hi guys, thanks for all the help so far!!

I'll contact national debt line tomorrow. I've also concted my bank as I'm missing a few statements between 2008 - 2011

Dennis the document on closer inspection appears to be an initial writ from a sheriff's court.

As mentioned, I'm living in Scotland now but I originally took the credit card out in Northern Ireland so I think★ that the statute of limitations period will be 6 years however I'm happy to be corrected on that...?

So if i were to challenge the debt is there anything else i should be asking for other than the CCA? Also let's say I thought the best course of action would be to go for a full and final offer has anyone any advice of doing so from this type of position?

Thanks again guys...I'm very grateful for all the help and experience

keeperlit

Also...I'm curious as to when they believe I last made a payment...

Can I just call and ask them? It'd make things a hell of a lot easier for me to discredit what information they have as I'm slightly suspicious of it...

Thanks

patman99

I would not call them. Just writen comms only. This will create a papertrail.

thewhiteavenger

keeperlit wrote: »

... on closer inspection appears to be an initial writ from a sheriff's court.

As mentioned, I'm living in Scotland now but I originally took the credit card out in Northern Ireland so I think★ that the statute of limitations period will be 6 years however I'm happy to be corrected on that...?

I can't see how they can ask a Scottish court to adjudicate using the laws of another nation. The Prescription and Limitation (Scotland) Act 1973 applies and the time limit is 5 years.

keeperlit

Interesting view point - thewhitevenger. I'll try to look onto that.