Statute barred debt cont....

onwardsandupwards127

Thank you, massively appreciate that.
I will follow your advice, thank you fatbelly

onwardsandupwards127

After I received the email from small claims I advised them I was unable to take a call on the day they gave me.
Today I received a call from a gentleman there who asked me if there was anyone else that could speak for me on that day, there isn't. He also asked if through mediation I was willing to agree to a settlement figure with the claimant, I said no as the debt is statute barred and he said that mediation would not be the right step.
He explained it would now be passed on for a hearing (if that goes ahead)
So that's where I am now, he hinted as it's a company that buys debt they do drop claims at this point.
I won't hear until March time from what he said.

Thank you again

Marktheshark

I would have told mediation you will accept £100 for your expenses as the claimant is knowingly pursuing a case they know will not succeed in court.
It is £100 to you or court.

onwardsandupwards127

Hello all

Im hoping for some more advice in regards to this post that I started please.
As per my last post I was at the point where I was waiting to hear from the court.
So, a couple of months back I was notified by the court that the claimant had filed the claim, they then asked for additional information from the claimant, then next I had a letter saying they had a certain time to file the info, they didn't and another letter was sent to myself and them giving them a deadline of the 6th march to send anymore information or it would be struck off.

This morning I received from the claimants what they have now sent to the court, it has alot of solicitor jargon on there stating when I took out the credit card (with tesco) , which was Jan 2006 and includes statments etc. It does not state on the there the last time that I made a payment (through cccs) to them (it was a different company by then receiving the payments)

I understand this has been sent to the court and there isn't anything I can do until I hear from the court but could anyone offer me any advice please?

Thank you ...again

fatbelly

So there's nothing in all that bumph responding to your defence in any way?

When do their statements show the last payment was made? Look at them closely as I have known them try to claim that internal transactions (like refund of interest) counted as acknowledgement.

Have they actually provided what the court asked them to provide by 6 March?

onwardsandupwards127

It states that I took out the card in 2005 and the last statement shows my last payment to Tesco was Dec 2006 - this was for an amount on my debt management plan set up with cccs - I made the final payment to cccs in 2009, they are not providing any of this as I think the debt was sold on to another company so the payment went somewhere else.

It states
"The originating creditor assigned all its rights & duties to the claimant on 20 Jan 2016 & served such notice of the said assignment upon the defender on 1st march 2016"

"On 18th August a letter before action was served upon the defendant, however, no reply was forthcoming and these proceedings were issued" - I did respond with a letter stating the debt was statue barred as suggested by here and stepchange.

"As a result of the defendant not responding to correspondence, a balance of £5001.03 remains due & owing to the claimant inclusive of fixed costs & county court interest rate at 8%"

The letter from the court dated 20/2 states:
"Unless the claimant files with the court and serves on the defendant further and better particulars of claim by 6th march 2017, the claim will be struck out"

The other part is stating why they hadn't included extra info claiming due to it being electronic they couldn't.

Thank you fat belly

onwardsandupwards127

Hello all,
Thank you for the help with this post from ages ago.
Today I have received a notice of allocation to the small claims track (hearing)
It is saying the claimant needs to pay a fee by a certain date and if it’s not paid by the 29th jan it will be struck out.
It has a hearing date too.
Please could you give me some advice on this. Do I need to respond? What do I need to do?
Just to clarify this is a statute barred debt.
Recently the claimant sent to me a statement showing an odd amount credited to the credit card, I did not pay this to the card.
After that they sent me a letter similar to one trying to ask me to settle and except the debt as mine.

I would massively appreciate advice and if anyone could ask Fatbelly for me that would be brilliant - they have been so helpful.

Thank you

ToxtethO'Grady

What was the odd amount credited to the credit card and when?

the notice of allocation does not need to be responded to, you respond in court if they pay the fee by 29th January

onwardsandupwards127

Hi thank you,
When the credit was made meant it showed that the debt would not be statute barred. There were no payments to the card for years previous to that.
I used to make a payment to cccs and they would send a small regular payment to the card.
I have bank statements which show when I made the last payment to cccs on their advice with the aim of seeing the debt out until it was statute barred.

Do the court let me know if they’ve paid or do I just attend on the day?

Thank you

fatbelly

Hi

Toxteth is right. The court will let you know when the hearing is, if there is one.

I mentioned earlier - I have known them try to claim that internal transactions (like refund of interest) counted as acknowledgement.

The key here is finding out exactly what that rogue payment was. It only counts as an acknowledgement if it's a payment by you (or your agent) and it sounds like that is unlikely. However, there are many dozy judges who have been taken in by these tactics from dodgy debt buyers.