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statute barred debt
andy52
Posts: 3 Newbie
hi i am new to the forum and joined as i cannot get advice from national Debtline.
i have a debt that dates back to December 2009 for a capital one credit card...I received papers from the county court on 25th july this year 2016 as i have not made payment or acknowleged the debt since December 2009..i managed to speak to national Debtline who told me the debt would be statute barred as it is 6 years and 7 months old,and told me what to right as my defence for the county court which i did...the county court then replied back to me who said they had handed it back to the creditior in this case Cabbot finance and there solicitors which are Restons..
Restons sent me a letter stating they received my defenCe from the court but have told me they want proof of when i last made a payment or acknowledged the debt..or they will get the court to strike out my defence.The proof i do not have and don,t know how to get proof as there is nothing on any of my credit files..i went back to national Debtline and a different advisor told me i need a solicitor...i have in the end made an appointment to see citizens advise....
This has sort of got me in a knot as i am not sure what else i can do so i was wondering if anyone has got any sort of advice or maybe anywhere else i could turn for help....
any help or advise would be gratefully appreciated
many thanks in advance
i have a debt that dates back to December 2009 for a capital one credit card...I received papers from the county court on 25th july this year 2016 as i have not made payment or acknowleged the debt since December 2009..i managed to speak to national Debtline who told me the debt would be statute barred as it is 6 years and 7 months old,and told me what to right as my defence for the county court which i did...the county court then replied back to me who said they had handed it back to the creditior in this case Cabbot finance and there solicitors which are Restons..
Restons sent me a letter stating they received my defenCe from the court but have told me they want proof of when i last made a payment or acknowledged the debt..or they will get the court to strike out my defence.The proof i do not have and don,t know how to get proof as there is nothing on any of my credit files..i went back to national Debtline and a different advisor told me i need a solicitor...i have in the end made an appointment to see citizens advise....
This has sort of got me in a knot as i am not sure what else i can do so i was wondering if anyone has got any sort of advice or maybe anywhere else i could turn for help....
any help or advise would be gratefully appreciated
many thanks in advance
0
Comments
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Hi,
You don't have to prove anything, it's up to restons to prove its not statute barred, not up to you to prove it is.
They are deliberately trying to confuse you so you back down.
Ask on here :
http://legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim
They will tell you exactly how to respond.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-letter0 -
Dear Reston's,
My defence is unchanged, please feel free to issue court proceedings at your own leisure.
Kind regards0 -
thanks for the replies,i was just concerned as for one they are asking me for proof second they said they would get my defence of statute barred struck off...0
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thanks for the replies,i was just concerned as for one they are asking me for proof second they said they would get my defence of statute barred struck off...
Go to leagal beagles !!!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-letter0 -
the onus is on the scum that is restons to prove otherwise not you.. as advised get on the leagle beaglesSealed pot challenger # 10
1v100 £15/3000 -
From Halsburys Laws of England.
Where the defendant has pleaded that the claim is time-barred under the statute, the burden of proving that
the cause of action arose within the statutory period lies on the claimant 3.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
many thanks ive gone to legal beagles,just taking there advice now so hopefully may get sorted
thanks again it,s really appreciated:T0
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