Is this debt statute barred?

Nicki1968

need some advice please, debt of approx £600 with hsbc credit card, I lost my job and hsbc did not want to help, the debt was showing on my credit file as defaulted 7/12/07..........roll forward a few years to 2013 and letters start arriving from a company called Hamptons chasing the debt which has now spiralled to £2112.

I called Hamptons and said needed to provide proof I owed the debt, they came back and said they were waiting to hear back from the original creditor (hsbc)......then all quiet and nothing.

letters started arriving early last year from Lowell chasing the same debt, had several offers to settle the debt for £1200, after taking advice I ignored all letters, as was told the debt was likely to be statue barred...I moved out of the address the letters were being sent to July and have been staying with a family member who is in poor health, I called to the house on a regular basis to check for post without any issues, only to find out that a claim form from bw legal had been issued on behalf of Lowell on 1st January, they are claiming the following:

the debt was defaulted 15.4.08
the debt was assigned to Lowell 16.12.11
the debt they are now claiming is now £2451 and includes interest

they also claim a payment was made on 4.3.15 for £5 which I do not recall making, as far as I was aware Hamptons closed the matter in 2013 when they did not respond.

Does anyone know where I stand with this, I do not have an issue paying the £600 as that is what was owed when the problem started, I have no idea about the statute barred rule, I believe once the 6 years have lapsed that is it, so can if it is proved a payment was made last year restart the 6 year rule, I intend defending the claim but need to make sure I have my facts straight, obviously the default left my credit file long ago, don't now want a ccj.

Any help or advice is welcome as I need to file the court response by tomorrow!!

fermi

Assuming no payments where made from about 2007/8, then yes, it sounds as if it is most likely statute barred.

(I would also not that Lowell/Hamptons have a habit of inventing fictitious recent payments, or misrepresenting things such as small refunds of interest or charges as being payments made by you. They do it time and time again.)

If it was already statute barred on 4.3.15 when the alleged payment was made, then yes, it would still be statute barred now.

Once barred, it stays that way, permanently. A payment or acknowledgement after it is barred can't 'unbar' it.

fermi

Follow the steps here carefully, and ask for help.

http://legalbeagles.info/forums/showthread.php?47790-Basic-first-Steps-to-take-on-receipt-of-a-Consumer-Credit-Court-Claim

I hope you have acknowledged the service to give yourself 28 days + 5 from the date of issue on the claim form to get a defence in?

If not, get online and do it PDQ.

Nicki1968

Thank you Fermi for your reply, when I spoke to BW Legal they kept repeating themselves that i either need to pay the amount or set up a payment plan, are they chancing their arm then that i won't defend this?

Even at this point trying to set up a payment plan for the £2451, saying that it will be on my credit file etc, i pointed out that a default cannot be put on a credit file again once it has dropped off........they then went on to say i would receive the ccj instead so i need to pay, when i pointed out it was statute barred he prattled on about the payment and that restarted the clock!

So do i:

1. Defending the claim, i am unsure do i admit i owe the £600 i have not intended not paying this.

2. Defend the whole amount claiming statute barred.

Thank you

fermi

fermi wrote: »

Follow the steps here carefully, and ask for help.

http://legalbeagles.info/forums/showthread.php?47790-Basic-first-Steps-to-take-on-receipt-of-a-Consumer-Credit-Court-Claim

I hope you have acknowledged the service to give yourself 28 days + 5 from the date of issue on the claim form to get a defence in?

If not, get online and do it PDQ.

Go there. ^^^^

Get help with a defence.

Unless you want to be shafted by these liars, that is.

poppasmurf_bewdley

Why not calculate the date you made the past payment to the account/acknowledged the debt, and go forward six years from then.

That is the date the debt became statute barred. If it is before the date they claim you made a payment, then the date is still statute barred because, as has been said, once it becomes statute barred, it cannot be un-barred.

Then defend the whole claim, telling the court that it is statute barred (if it gets that far).

Nicki1968

I am stuck already, and no one seems to be able to help, i am unsure whether i am supposed to tick the box on the claim form online:

I intend to contest jurisdiction?

fermi

As said, best place to ask is on a forum that specialises in legal procedure and claims by debt collectors.

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

Nicki1968

thank you i have completed the acknowledgement of service, i believe this now gives me 28 days to request the CCA, i have now posted the same post on their forum for further advice, thank you for your help

fermi

28 + 5 days from the date of issue on the claim form, yes.

Nicki1968

poppasmurf_bewdley wrote: »

Why not calculate the date you made the past payment to the account/acknowledged the debt, and go forward six years from then.

That is the date the debt became statute barred. If it is before the date they claim you made a payment, then the date is still statute barred because, as has been said, once it becomes statute barred, it cannot be un-barred.

Then defend the whole claim, telling the court that it is statute barred (if it gets that far).

The last date anything happened with this account was back in 2007, not sure the conversation i had with Hamptons in 2013 counts as acknowledging the debt, the default date on my credit file shows 7.12.07 even though Lowell are saying it is 15.04.08, either way even when i spoke to Hamptons i am pretty sure the 6 years would have lapsed by then......just a bit un-nerved by Lowells claim as payment was made last year, which they kept repeating saying i had restarted the 6 year rule