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CCJ from cabot, 9 years after default.

2

Comments

  • MR-B_3
    MR-B_3 Posts: 53 Forumite
    rizla king - to be honest I didn't know what the letter was so just described it the best I could really iv not seen one of these types of letters before so was unsure of what it was
  • MR-B_3
    MR-B_3 Posts: 53 Forumite
    Just for clarity am i right in thinking that by sending a letter stating the debt is statute barred i am acknowledging the debt but the time they had to reclaim it is expired so they cant restart the clock from now or continue to chase me? Is that right.

    Thanks again.
  • sourcrates
    sourcrates Posts: 32,061 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    MR-B wrote: »
    Just for clarity am i right in thinking that by sending a letter stating the debt is statute barred i am acknowledging the debt but the time they had to reclaim it is expired so they cant restart the clock from now or continue to chase me? Is that right.

    Thanks again.


    Once statute barred, always statute barred.

    Nothing can re-start the clock, however, they can ask you for payment, but once you have told them it's SB, and they cannot prove otherwise, they must desist from contacting you further.

    Under FSA guidelines on fair debt collection practices it's regarded as unfair to continue to chase an account once it's statute barred status has been established.
    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-letter
  • MR-B_3
    MR-B_3 Posts: 53 Forumite
    Ok great thanks sourcrates
  • fatbelly
    fatbelly Posts: 23,324 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    You are sure it's not a court claim?

    They are not blue any more. But they do come from a court - usually the county court bulk centre at Northampton

    If you search google images for 'court claim' you'll see what they look like. They always clearly say 'claim form'
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Like

    mkdpclaim2.jpg
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • MR-B_3
    MR-B_3 Posts: 53 Forumite
    Yes its the same as one of them fermi
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    MR-B wrote: »
    Yes its the same as one of them fermi

    That is an actual court claim then.

    Just sending a statute barred letter won't cut it now.

    You need to acknowledge service online saying you intend to defend, which gives you 28 days from deemed service date (which is issue date +5) to get a defence in.

    If you don't do that, you'll end up with a CCJ.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • sourcrates
    sourcrates Posts: 32,061 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    In that case you should defend on the basis it's statute barred.
    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-letter
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    I think if you mistook a court claim summons for a letter you need some help with this.
    Is it stamped like the one above.
    I do Contracts, all day every day.
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