Statute barred debt cont....

ToxtethO'Grady

Also find out when Stepchange (they used to be CCCS) paid the last payment, hopefully, they may have that on their records. Their payment may be a few weeks or month after you paid to them, doesn't matter as fatbelly said it's 2015 anyway it will look good for you if you have that information.

If they can't tell you or the court what that payment was it will not go forward. Make sure you ask the court to clarify that payment a lot of Debt Recovery solicitors just get a list of payments and no notification of what it was.

As you've been advised by other people it sounds like they're chancing you'll give up and come to an arrangement before the CCJ.

Stay strong and you can get half an hour or 20 mins free advice from a local solicitor when you know the court date if they don't pull out before hand.

onwardsandupwards127

Thank you both, I appreciate your advice so much.
Yes I read you had said they do that so wasn’t surprised when it arrived, it’s definitely not a payment I made, it has a bacs number next to it but I’m not Sure how I find the details of this.
I will contact stepchange to see if they still have a record.
And yes I will ask the court to clarify that payment.
I agree, it definitely feels they are chasing in the hope I will respond to them as after they had sent this statement which shows a credit a few days later I received a letter from them asking me to settle with them, nothing referring to the information they had.
I’m trying to stay very positive as I know the debt is statute barred and appreciate your advice on speaking with a solicitor just to clarify everything I have.
It’s still an uncomfortable position to be in, I have worked so hard at correcting my past debt problems.

If and only if the court were to side with them what are the options I would have?

Thank you again so so much, it feels like I’m not on my own battling this because you are here to help me.

Thank you

ToxtethO'Grady

If the court sides with them they'll set a payment arrangement based on your income and expenditure so I would suggest have that ready as well when you know the court date.

You can still speak to the debt recovery people in an effort to save them and the court time and money. Ask them what the payment is, if it shows as BACS what account did it come from? What reference was on it? And there are no issues with DPA unless there has been a mistake and someone else has paid on to your file

onwardsandupwards127

Hi All,

So to update on this post.
I have contacted the court and they have confirmed that the court fees have been paid by Howard Cohen.
I have asked them a couple of questions as states that I need to get my witness statement in 14 days before the date of hearing.
I have requested info from Stepchange, I have requested bank statements from my bank for the relevant times - confirming when the last payment went to CCCS and also confirming that no payment went from my account to the card on the date they are claiming it did.
I will also ask in my statement where the bacs payment they are claiming I made came from as this is not a payment I made.
The court have explained I need to post all this to them with my statement, they have also said I should send it to the claimant, I am confused who I am sending it to as the claimant say Hoist but the payment was made by Howard Cohen.

I'm so appreciative of any advice you may have please, I'm absolutely gutted it has come to this and slightly unnerved about attending court

Thank you so much

fatbelly

If HC are the claimant's solicitors then you send it to them.

You'll be fine at court - it's just 3 people in a room. Your is a simple case

onwardsandupwards127

Thank you.
I am getting together my statement, I would appreciate your thoughts on it please:

Claim Number:

Dear Judge

In 2006 I contacted the Consumer Credit Counselling Service !!!8211; CCCS (now known as Stepchange) for advice regarding the situation I had found myself in.

I set up a Debt management plan with them, I would pay a monthly payment and they would distribute this between my creditors. I continued to pay this until the 2nd of February 2009 after contacting the CCCS to discuss my situation again. On this occasion they advised me that my best option would be to stop making payments to the creditors with a view to the debts becoming statute barred.

Last payment received to CCCS to make a payment to the claimant was on the 2nd of February 2009.

This would have been received by the claimant at the latest March the 2nd 2009.

In response to the claimants claim that a payment of £7.56 was made to the account through BACS payment on October the 25th 2010 I would ask the court where this payment originated from as it was not a payment made by myself or CCCS.

In response to the statement from the claimant that "On 18th August a letter before action was served upon the defendant, however, no reply was forthcoming and these proceedings were issued" - A response was sent to the claimant stating the debt was statute barred, this was from the advice of Stepchange who I contacted again and they provided me with a template letter to use. (See document No.1 in the attached bundle)

I would like the court to acknowledge that this debt is statute barred due to the information that no payment has been made to this debt by me or any third party acting as my agent for a period of more than six years, no written admission of liability for this debt has been made by me or any third party acting as my agent for a period of more than six years.
I would ask for clarification on where the claimed BACS payment originates from.
I would also like the court to acknowledge that I did respond to their letter before action.

Thank you

fatbelly

Ideally, set it out like a witness statement and don't start 'dear judge'

http://legalbeagles.info/forums/forum/library/guides-templates/being-taken-to-court/61327-example-witness-statement

However, you're not legally trained so they can't expect legal language. They'll get the gist of it.

The final paragraph might be better as:
I believe that this claim is statute barred under section 5 of the Limitation Act 1980.

sourcrates

fatbelly wrote: »

Ideally, set it out like a witness statement and don't start 'dear judge.

:rotfl::rotfl::rotfl:

ToxtethO'Grady

In response to the claimants claim that a payment of £7.56 was made to the account through BACS payment on October the 25th 2010 I would ask the court where this payment originated from as it was not a payment made by myself or CCCS.

Is this what they are saying? And no other payment or acknowledgment from you since that date? ...and did they send you an account statement after that?

If that is the case it was statute barred on October 26 2016 and someone at Howard Cohen is going to get a telling off for saddling them with fees and charges to pay.

Please keep us updated on what the judgment is and any remarks from the judge