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Help!!!
Marykate97
Posts: 1 Newbie
Hi all, I really need some help please!
Years ago I entered into an IVA (terrible advice from Harrington Brooks as I had no assets and no job). The IVA failed and the last payment I made was in April 2011.
I have moved a number of times since then and never had any contact or made any payments to anyone since April 2011.
I recently received a letter from shoosmiths asking for my income and expenditure details. I returned the letter marked not at this address and hoped they would go away.
Now I have received a claim form from the county court business centre. Shoosmiths are taking me to court on behalf of arrow global. Original debt was with HSBC. The claim is for around £6500.
Surely this debt is now statue barred? I have acknowledged the claim with my intent to defend. I would like to know how I word the defence for a statue barred debt?
The only thing that is worrying me is if Harrington Brooks held on the money for a long time before maybe splitting it between the creditors? I don't know, I'm just guessing.
Please help someone, I'm so worried. I've only just got back on my feet after years of a terrible credit rating. I can't get a ccj and start from scratch again 😔
Years ago I entered into an IVA (terrible advice from Harrington Brooks as I had no assets and no job). The IVA failed and the last payment I made was in April 2011.
I have moved a number of times since then and never had any contact or made any payments to anyone since April 2011.
I recently received a letter from shoosmiths asking for my income and expenditure details. I returned the letter marked not at this address and hoped they would go away.
Now I have received a claim form from the county court business centre. Shoosmiths are taking me to court on behalf of arrow global. Original debt was with HSBC. The claim is for around £6500.
Surely this debt is now statue barred? I have acknowledged the claim with my intent to defend. I would like to know how I word the defence for a statue barred debt?
The only thing that is worrying me is if Harrington Brooks held on the money for a long time before maybe splitting it between the creditors? I don't know, I'm just guessing.
Please help someone, I'm so worried. I've only just got back on my feet after years of a terrible credit rating. I can't get a ccj and start from scratch again 😔
0
Comments
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Hi Marykate and welcome to the forum.
It may be difficult to determine definitively here whether this claim is statute barred - as it may come down to precisely when your IVA was terminated,and whether six years elapsed between that point and the recent issue of this county court claim form. While the IVA was "live", time could not have started running for the purposes of court action.
The wording of a defence isn't necessarily the difficult bit, as however you phrased it, the onus would be on Shoosmiths to supply evidence that the debt was not statute barred.
Can I please recommend that you contact one of the debt advice charities directly in order to get more comprehensive advice on this.
Dennis
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0 -
Shoe-smiths may be unaware of the failed IVA.
I would bang in the statue bared defense anyway, sometimes they dont even bother pursuing it.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
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