Statute barred debt cont....

sourcrates

Hi,

Yes you can agree to mediation, just stick to your statute barred defence,

tell them, drop your claim, we'll all go home.

onwardsandupwards127

Thank you again, I can't actually do the date they've suggested so I've contacted them to rearrange-just waiting to hear back.
This has caused me a lot of stress and I am so grateful you guys are here.

onwardsandupwards127

Could any of you explain to me, could this keep happening with other debts that are statute barred?
Also I have read that amounts under £10,000 are small claims.
I had a debt which is now statute barred that was £14,000 - what could happen with this?

sourcrates

onwardsandupwards127 wrote: »

Could any of you explain to me, could this keep happening with other debts that are statute barred?
Also I have read that amounts under £10,000 are small claims.
I had a debt which is now statute barred that was £14,000 - what could happen with this?

Usually, in a perfect world, if you know a debt is statute barred, you inform the creditor of this in writing, they check there records, they then confirm this, you tell them your not paying, they say ok, and that's the last you hear of it.

Unfortunately it's not always that simple, these companies buy bad debts for peanuts, and really want to get a profit back from their investment, so they push things as far as possible, hoping you will tire first basically.

It shouldn't happen, but it does, some people don't respond to the claim forms you see, so they get a judgement by default, so there's still money in it for them.

Stick to your SB defence and ride it out, that's all you can do.

onwardsandupwards127

Thank you, again.

Do you know much about the actual phonecall? What I'm confused by is what can they come back with on a phonecall, if I am saying the debtvis statute barred. I suppose they may also hope that I don't go ahead with the call abs then they would get their money that way?

National_Debtline

Hi again onwards...


Mediation is intended as an alternative to court, not a direct replacement for it - it does not involve exchanges of evidence, and there is no district judge deciding who is "right" or "wrong". The mediator's role is simply to try and get both parties to strike a deal - he/she may not even be familiar with the specific details of the case. If he/she cannot broker an agreement between you and the claimant, then the case will just proceed as scheduled.


The claimant may see the mediation call as an opportunity to persuade you to settle up for a nominal sum without any admission of liability. However you are free to reject any such proposal and let it proceed to a hearing if you are confident of your defence.


Dennis
@natdebtline

National_Debtline

onwardsandupwards127 wrote: »

Could any of you explain to me, could this keep happening with other debts that are statute barred?
Also I have read that amounts under £10,000 are small claims.
I had a debt which is now statute barred that was £14,000 - what could happen with this?

Debts like the £14,000 could still be sued for through the small claims court, but the mediation service referred to above is not available for claims exceeding £10K. Other than that, you would essentially be responding in the same way as previously discussed.


It's also worth bearing in mind that the larger the debt, the larger the fees a claimant has to pay when launching proceedings. If a creditor has already sued you unsuccessfully for a smaller debt, they may not want to waste more money on taking action over a larger balance if it is likely to be met with the same defence.


Dennis
@natdebtline

onwardsandupwards127

Dennis

Thank you for putting that so clearly.
So, I should expect the claimant to try and get me to agree on a small payment and then it would put an end to it?
I wouldn't want to go to court, the thought of that is maybe a little too much.
Would you advise I try and agree on a payment? And is this something I could negotiate with them?

With regards to the larger debt and you say if a claimant had been unsuccessful in suing would me agreeing to a small payment be looked at as successful suing?

Thank you

onwardsandupwards127

After re-reading my reply this is just all so frustrating as the debt is statute barred. When do they just stop?

fatbelly

onwardsandupwards127 wrote: »

I have proof from the bank that I last made the payment to cccs in 2009 and then didn't acknowlege anything since then

Statute barred in 2015 then.

Don't agree to a settlement deal - it will cost them more than you to attend a hearing. They will probably give up before that if you stick to your guns.

Honestly, court hearings (if it should ever get there) are not as bad as you think - the judge will just be a man in a suit or a smartly dressed woman. There might be an usher who makes sure you get to the right room at the right time. The other side will be represented by some junior legal exec working his (or her) way up from the bottom and it will be in a room maybe the size of your living room, not the full sized court.

There's no problem having someone else with you if you want, as long as they behave themselves.

Until then I agree with Sourcrates negotiating position - tell them, drop your claim, we'll all go home.