Seeking advice regarding 10 yr debt & CCJ's

Violet1811

Thank you sourcrates, really appreciate your reply. I'll just have to wait and see, if I do have to pay the debt back that's ok, and hopefully I can arrange something I can afford.

fatbelly

Violet1811 wrote: »

Thomas Geal's statement is a list of points from the claimant and points regarding me, it also includes letters I have apparently received.

Letters you have received over the years are not relevant to your application for set aside.

What does Mr Geal say about your assertion that there was a period of more than six years when you did not acknowledge the debt by payment or in writing, before they started a court claim at an address where you were not living?

Violet1811

Just preparing to go to court this afternoon, and reading through the massive letter/evidence they sent me. They have stated I have no success in getting this status barred, apparently I entered the agreement with Capital One in 08/2006. The agreement was terminated in 01/2010 due to falling behind with payments, on the 06/01/2016 County Court proceedings were issued and on the 28/01/2016 the judgement was granted as I had failed to act/communicate. My last payment for the debt was on 16/06/2016, so the 6 years of status barred is not allowed.


The statement/evidence ends with the fact my claim should be ignored because I have taken 6 months to act, and I should be made to pay the court fee's £100 + vat. They've enclosed letters they sent me, I honestly didn't see them, otherwise I would have acted.


I am going to the court today, but I do think I have already lsot the fight, and ok it is my debt and I will have to pay it, I just don't have the money to at the moment.

sourcrates

Violet1811 wrote: »

Just preparing to go to court this afternoon, and reading through the massive letter/evidence they sent me. They have stated I have no success in getting this status barred, apparently I entered the agreement with Capital One in 08/2006. The agreement was terminated in 01/2010 due to falling behind with payments, on the 06/01/2016 County Court proceedings were issued and on the 28/01/2016 the judgement was granted as I had failed to act/communicate. My last payment for the debt was on 16/06/2016, so the 6 years of status barred is not allowed.


The statement/evidence ends with the fact my claim should be ignored because I have taken 6 months to act, and I should be made to pay the court fee's £100 + vat. They've enclosed letters they sent me, I honestly didn't see them, otherwise I would have acted.


I am going to the court today, but I do think I have already lsot the fight, and ok it is my debt and I will have to pay it, I just don't have the money to at the moment.

What they say matters not a jot.


Its what the judge thinks that's relevant, and if there was ever a period of 6 years without payment before judgement.


Looking at those dates, its likely your last payment would of been in 2009, so if that's what there relying on it doesn't look like a watertight case to me, I`ll stick my head out and say they will fail, and you may well succeed in your application.

Ill keep my fingers crossed for you, please let us know the outcome.

Violet1811

Thanks Sourcrates, I appreciate your help and optimism...I think I'm going to go in looking on the negative side as the fall will be less if it happens. Hopefully you're right, we'll just have to see what happens. I will certainly let you know what happens

edrushuk

I am sure it is all very scary. Just remember you are not there to justify your debt or why you have not paid it. It is all about it being over 6 years since you made any payments.


All these people do is try to scare you, so you will pay up.


Keep your head up and good luck.

Violet1811

Thank you Edruchuk

fatbelly

Violet1811 wrote: »

Just preparing to go to court this afternoon, and reading through the massive letter/evidence they sent me. They have stated I have no success in getting this status barred, apparently I entered the agreement with Capital One in 08/2006. The agreement was terminated in 01/2010 due to falling behind with payments, on the 06/01/2016 County Court proceedings were issued and on the 28/01/2016 the judgement was granted as I had failed to act/communicate. My last payment for the debt was on 16/06/2016, so the 6 years of status barred is not allowed.


The statement/evidence ends with the fact my claim should be ignored because I have taken 6 months to act, and I should be made to pay the court fee's £100 + vat. They've enclosed letters they sent me, I honestly didn't see them, otherwise I would have acted.


I am going to the court today, but I do think I have already lsot the fight, and ok it is my debt and I will have to pay it, I just don't have the money to at the moment.

Why do you think you have lost the fight?

It's very clear from their list of dates that they are deliberately omitting the date of last payment that caused the account to be 'terminated'

Incidentally 'terminated' is the wrong word - this isn't a contract hire agreement like in BMW vs Hart and that ruling does not apply. This is a credit card.

If the default date was Jan 2010 the date of last payment would have been July to Oct 2009 and the account statute barred July to Oct 2015, provided you did not acknowledge the debt in those 6 years. They were at least 3 months late in issuing their claim and it looks like they know it.

Hopefully you will get a judge who is at least half awake this afternoon.

Violet1811

Ok so here goes...

Arrived and I was told to speak to the solicitor; I briefly spoke to her, but i politely refused to go into detailing, stating I want to speak to the judge. I didn't want to agree anything. She seemed shocked.

I think the judge had also expected an agreement ashe asked her straight away if one had been made.

I was given time to speak, the first question asked was do I accept the debt is mine. I explained that I did, and went into detail about the time of the debt (uni, family breavment). I explained that i do have a few debts and that i have been making payments towards these to sort out my credit. I said this one must have been missed, but i had no purposely ignored the debt. I explained i had recieved no communication until the balliffs letter and I gave dates of communication with the balliff and cabots solicitor.

The judge asked cabots solicitor about a piece of evidence- a screen shot of my account details. He pointed out that they hadn't provided any statements even thoughon the screen shot there was a 'statements' tab. He basically said they had not provide sufficent evidence, and asked the solicitor/cabot to supply transaction details by the 9th of September to the courts and myself. I will then be given the opportunity to put a defense in. I questioned that I believed that my payments had stopped by 2009, but I had no proof apart from the dates supplied by capital one.

So basically I have to hope the date is 2009 and Cabot give up. I have a feeling they won't, so I will need to build a defense ready for the 23rd of September (date I must file in court).

Regarding the charges today was £120 (inc vat), this will either be added to my total or depending on the evidence outcome deleted, or it will be the only thing I pay. The court charges mounting up do concern me.

I'm also concerned/annoyed the judge ended saying i need to start opening my mail or talk to Royal Mail. I did not reply, but I know they ( cabot) did not send me letters, even though they were part of the evidence handed to the judge.

Not sure what to make of today really...i thought the judge was on my side when talking about the transactions, but now I feel like he was going through the motions.

Sorry for the dodgy typos & poor use of capitals, travelling back on the train and using my mobile.

Thank you to everyone who advised me over the last few weeks, I really appreciate all your advice

sourcrates

Ok, so basically the judge has put you back in the position you would of been had you received the original court documents.

The fact the other side are reluctant to provide you with statements suggests to me that they will show the account to be statute barred.

So in my opinion, you should file a statute barred defence to the court and allow the dice to roll, that's all you can do now.

If it isn't, then you will have to pay the debt off, at a reasonable amount, but if it is statute barred, which I suspect it may be, then you've won.