CCJ on a statute barred debt

jamesd

boo_star wrote: »

I was trying to avoid the OP the unnecessary hassle of defending it in court but by all means OP, follow this advice if you want to be stuck in a lengthy legal battle with a DCA. Personally I'd rather just head them off at the pass and send a "without predjudice" SB letter.

Communicating with debt collectors just encourages them. It's easy enough to bin a letter from time to time and wait until it is absolutely certain that it is statute barred.

SeduLOUs

OP said the default was 'just over 5 years ago'.

I'd guess it's unusual for a CC lender to wait 12 months to issue a default, and would expect it to normally happen at around 6-8 months.

It is very possible there's another 6 months to go before this debt is statute barred, and doing nothing at all is quite risky.

At least by sending the SB letter they might give some information that clarifies precisely when the last payment was made, and therefore whether it can be safely ignored or it's time to start negotiating a payment plan...

33days

Guys you have been very informative and thanks for that, the account opened in 2005 and i got into difficulty shortly after that and the last confirmed payment or acknowledgment was i believe well before 2009, i have web chatted and spoken to ND line and they have now said send the letter as it CANNOT be seen as acknowledgment, however i think i will leave it a week or so and see if any further letters arrive..

Steve_xx

stu82 wrote: »

Guys you have been very informative and thanks for that, the account opened in 2005 and i got into difficulty shortly after that and the last confirmed payment or acknowledgment was i believe well before 2009, i have web chatted and spoken to ND line and they have now said send the letter as it CANNOT be seen as acknowledgment, however i think i will leave it a week or so and see if any further letters arrive..

That sounds good to me. Did ND advise you to check your credit file?

33days

Actually no they didn't, but i already do with Noddle.

33days

Well this came today after giving me 7 days to act it has taken them 6 weeks to get to this... They point out that they have a few options but only state 1!! might this be because they know it to be SB or is this just general practice?

After all the great advise above but now receiving this what would be the best course of action to take....

Steve_xx

I googled this company and came across this

http://www.consumeractiongroup.co.uk/forum/showthread.php?442161-Cabot-weightman-claimform-Vanquis-debt/page2

First, I would actually remove the letter that you have posted. It reveals too much detail that may prove unhelpful to you.

This outfit have obviously bought the said debt. I wouldn't respond until and if you receive any genuine court papers. Any response either verbal or written tends to fire these companies up. A still tongue in a wise head often does the trick. Remember, they don't know if you're a man of stone or not, and if you are then there's little benefit in them persuing it.

Reading the letter, it seems that they are trying to coax you into acknowledging that a debt may have existed. Of course you know that you must resist doing anything like that.

33days

Holding down 2 jobs and being in a very comfortable position and then having your life being thrown into turmoil where you give up everything to care for 1 of the 2 people that brought you in to this world that you love so dearly and not to really understand the situation yourself but you do it because ... well just because it your Dad...

fatbelly

I think it's best to ignore the trolls...

Stu, what have you actually had? Your post makes no sense now.

Be aware that if they start a court claim (which is what they should do if they want to prove their debt isn't SB) then the best place to get help is

http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

sourcrates

stu82 wrote: »

Well this came today after giving me 7 days to act it has taken them 6 weeks to get to this... They point out that they have a few options but only state 1!! might this be because they know it to be SB or is this just general practice?

After all the great advise above but now receiving this what would be the best course of action to take....

I see you've removed the letter, can you clarify what it said ?


Is it a claim form ?