Is this debt statute barred ?

cally6008

Letter arrived from Mortimer Clarke solicitors this morning.
Letter dated 18 January 2016

It says they want to start court proceedings on a Capital One debt (client now called Cabot Financial.
If I don't respond to letter they will issue claim to courts for a Judgement Order against me for the debt.
They have added a Income and Expenditure form and want me to contact them within 14 days.

I've got a copy of my Equifax report from March 2014 and according to this (from what I can see) the last payment made to the account was in May 2010 (this has a green box) , June/July has yellow boxes with 1 and 2 in them, August has a red 3 and September has a red D in it.

Is this debt statute barred yet ?

Which credit agencies do I need to be getting reports from to see what the state of play is with debts etc ?

Many thanks.

fermi

You can't 100% trust any payment data from the CRAs, as creditors are notoriously badly at reporting it correctly.

However, if the last payment was genuinely in May 2010, then it could not be statute barred until at the earliest June or July 2016.

When was this account first opened?

cally6008

September 2007

sourcrates

I would bang in a CCA request as soon as, that will put everything on hold whilst it is auctioned.

cally6008

Is this the CCA letter I need to send to them - https://www.nationaldebtline.org/EW/sampleletters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-%28sole-name%29.aspx

second link removed

fermi

If you are going to send any, send the National Debtline one. https://www.nationaldebtline.org/EW/sampleletters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-%28sole-name%29.aspx

The 2nd link (which would be good if you could remove) has several glaring factual errors in the letter, which quite frankly will make any debt collector think you haven't a clue what you are doing or talking about.

cally6008

Second link now removed, thanks for the help so far, i'll keep this topic updated

fermi

cally6008 wrote: »

September 2007

CCA request may only be a holding tactic then, as an agreement from that date can't be irredeemably unenforceable under s127.

May also prod them into court action rather than the reverse, but then again seems they were going that way anyway. May give them pause for thought at least.

fatbelly

If they do start a claim, and it seems likely they will ahead of this going statute barred later this year, then doing a cca request now saves doing one when the court claim hits.

But it does not prevent the creditor starting a court claim as that is not considered 'enforcement'

Another approach would be to try a 'without prejudice' full and final offer if you have a lump sum available. They cannot use this to prove acknowledgement to the court. I'd do a cca request ahead of that too.

cally6008

The £1 postal order, does it have to be crossed or un-crossed ?
I think I bought an uncrossed one

fatbelly

cally6008 wrote: »

The £1 postal order, does it have to be crossed or un-crossed ?
I think I bought an uncrossed one

It doesn't matter