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HELP CCJ Claim on Statute Barred Debt

Hello all,

I received a CCJ claim today on a debt that became statute barred in April 2015. I have been chased Cabot/Marlin/Mortimer Clarke for this debt, I have responded each time, I hadn't heard from them for a long time now I've suddenly got a CCJ letter. Not sure what to do.

Comments

  • PixelPound
    PixelPound Posts: 3,064 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Are you sure its statute barred? You need to respond to the claims form and state that the debt is SB. Is the claims form on behalf of a debt collector you have dealt with before?
  • sourcrates
    sourcrates Posts: 31,817 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Follow the instructions in the pack, acknowledge service online (this gives you 28 days to respond) fill in the forms, you should defend the claim on the basis the debt is statute barred.

    That is a full defence to any claim, they have to prove otherwise, you do not have to prove anything.

    More info here :

    http://legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim
    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
  • NikNoks
    NikNoks Posts: 11 Forumite
    I'm sure, it defaulted in April 2009. I have made no payments or acknowledged the debt at all. I have been chased on this debt by Marlin/Cabot/Mortimer Clarke. I have responded to them stating it was statute barred. The letters stop for a while then I get one from a different company for the same debt. The CCJ is on behalf of Marlin debt collectors.
  • sourcrates
    sourcrates Posts: 31,817 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    NikNoks wrote: »
    I'm sure, it defaulted in April 2009. I have made no payments or acknowledged the debt at all. I have been chased on this debt by Marlin/Cabot/Mortimer Clarke. I have responded to them stating it was statute barred. The letters stop for a while then I get one from a different company for the same debt. The CCJ is on behalf of Marlin debt collectors.

    Default date is not the cause of action date, that's the date of the last payment you made, the date the clock runs from, so likely to of been a few months prior to that.

    Respond as I have suggested above.
    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
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