Ready, steady… save!
You don’t need a chart to join in. Here are 2 ways to record your savings:
1. Cross it off
Pop a chart into your first post. Saved an amount? Cross it out! Read more »
£0.01 £0.02 £0.03
2. Write it down
Skip the chart and add updates to your first post. Read more »
“Another +£3 saved today. Go me!”
Use +£ before each new saving so it counts towards your total.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Drydensfairfax, Link and Cabot chasing old debt.
In the last few days I have received a County Court claim form from Drydensfairfax, as well as still receiving letters from Link and Cabot. Earlier this year I had sent a Statute Barred letter to Drydensfairfax and Link, to which Drydensfairfax replied that the debt does not become statute barred till December 2021 and Link replied that their debt isn’t barred till April 2022.
Comments
-
Hi,
You have already wasted money on debt management companies, and claims management companies, you do not need a solicitor to defend a county court claim, unless your last name is Rockefeller or you have just had a large lotto win, its just a massive further waste of your money.
When you signed up with Compass, you effectively signed them as "your agent", the limitation act specifically states "payment by you or your agent" so if they made a payment on your behalf, its regarded as though it came from you unfortunately.
Have you actually received court papers, or is it a letter before action ?
An LBA can be dealt with thus -
How to reply to a Letter Before Claim about a debt · Debt Camel
If its a claim form -
If you're being taken to court for debt - Citizens Advice
its imperative you respond to them within the time frame granted, usually if you acknowledge service online, you get 28 days.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-letter1 -
Joanna Connolly is a solicitor who specialises in consumer credit act debt and I think Di Mayhew works or at least worked for them and has been active on these forums.
However it seems that you don't deny that a payment was made in Dec 2015 by Compass and they were acting as your agent. So that payment would count as an acknowledgement. It's section 30(2) of the Limitation Act(2)For the purposes of section 29, any acknowledgment or payment—
(a)may be made by the agent of the person by whom it is required to be made under that section; and
(b)shall be made to the person, or to an agent of the person, whose title or claim is being acknowledged or, as the case may be, in respect of whose claim the payment is being made.
Of course if there ever was a period of six years when you didn't make a payment then you would still have a defence.
1 -
This part is worth investigating since you said in your opening post that you would not have paid anything for 15 years. If that is true (and your ex wife did not pay anything either), then it is possible that the payment they received nearly 6 years ago could have been made to an account that was already statute barred.fatbelly said:
Of course if there ever was a period of six years when you didn't make a payment then you would still have a defence.
Credit card debt - NIL
Home improvement secured loans 30,130/41,000 and 23,156/28,000 End 2027 and 2029
Mortgage 64,513/100,000 End Nov 2035
2022 all rolling into new mortgage + extra to finish house. 125,000 End 20362
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 355.9K Banking & Borrowing
- 255K Reduce Debt & Boost Income
- 456.2K Spending & Discounts
- 248.4K Work, Benefits & Business
- 606.1K Mortgages, Homes & Bills
- 179.1K Life & Family
- 264K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.7K Read-Only Boards
