We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

urgent help needed

2»

Comments

  • sourcrates
    sourcrates Posts: 31,828 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    stemac123 wrote: »
    thank you fatbelly :)

    the form has to be sent today as I only have till Wednesday, so I think I've left it to late now !:(


    If you go and ask on Legal Beagles (click on Fatbellys link above) they will advise your next course of action.

    They really know there stuff on there about all things of a legal nature.
    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
  • fatbelly
    fatbelly Posts: 23,138 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    stemac123 wrote: »
    thank you fatbelly :)

    the form has to be sent today as I only have till Wednesday, so I think I've left it to late now !:(

    If their solicitor is expecting something in the post on Wednesday then you have all of Tuesday to defend this if you want.

    Assuming this came from the County Court Bulk Centre you may still be able to do this online.

    You just go on to the MCOL site, register as an individual (noting all the references you get and the password you give.

    Then enter the court claim reference and the password on the claim form and tick 'defend in full'

    There's no time for a fancy defence so just something like:

    This account was defaulted on (date) and I made my last payment on (date). Since then I have not acknowledged this account by payment or in writing. I believe the claimant's claim of (date) to be statute barred under s5 of the Limitation Act 1980.

    If the website will not take your defence (possible as you are out of time) then you would post the n9b defence form to the court, ticking dispute the full amount, entering your defence and signing and dating.

    The court has discretion to accept a late defence and if the claimant has not yet asked for judgement, you may be ok.
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    edited 8 August 2016 at 7:06PM
    Hi Stemac123,


    Just to add to the really good advice that has already been posted. The 6 year clock starts from when the first payment was due and missed or from when the last payment was made or from when the last written acknowledgement was made - whichever is the later.


    Hopefully you will be in time to reply, but if you aren’t there are applications that can be made later. Either an N245 to vary the judgment if the instalments are set too high or an N244 to set aside the judgement if you want to challenge it but your defence was too late. You would need some legal advice if you decide to do this. Good luck,


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • hello all and fatbelly thank you
    I've been on the phone to the Solicitors, and I've got more time i asked for 2 weeks, with me having a health problem, ie Heart I have told them this and now they are asking for medical records of the medical procedures i have had done,, i do have them at home they said they want to make their client aware of my Health issues, surely this information is private ? i am going to do what fatbelly and sourcrates has suggested in posting my problem on Legal Beagles and see what comes up as i now have 2 weeks to look into this, i am very grateful for all this advice tho :-)
  • sourcrates
    sourcrates Posts: 31,828 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    That information is private, and you do not have to share it with anyone, however it may work in your favour if you do, but in the end it's up to you.

    Good luck with it, let us know how things turn out !!!
    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
  • yes i was thinking the same sourcrates ;-) thank you for your help i will let you know how things turn out soon :-)


    cheers stemac
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.7K Banking & Borrowing
  • 253.4K Reduce Debt & Boost Income
  • 454K Spending & Discounts
  • 244.7K Work, Benefits & Business
  • 600.2K Mortgages, Homes & Bills
  • 177.3K Life & Family
  • 258.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.