Statue barred help/advice

fatbelly

I thought that must be the case as you told them it was statute barred in 2022.

The earliest they could start a claim now is Oct 2023, so even if their statements are correct that is  an unlikely history, and that £2.21 payment (which they have left conveniently undated) would have had to be after Oct 2017.

Any action by them (e.g. issuing further notices) does not restart the clock.

sourcrates

I`m confused as you mention the word "default" and seem to imply this happened more than once.

An account can only default once, its a one time event that ends a financial relationship, and is also the cause of action date for a court claim, the £2.21 is likely to be an internal funds movement by them, to make it appear as though a payment was made, this is a typical DCA trick that they might try to palm you off with, but would never use as evidence in a court claim, as judges see right through such things.

If the account defaulted in 2013, the limitation period would have run out in 2019, the 2017 payment is almost certainly bogus, so by the time of your 2022 letter the debt would have been statute barred, and the utter rubbish they told you over the phone about your recent call re-starting the limitation clock is pure fantasy.

I have had these idiots chasing me for a debt included in my DRO in 2016, they are extremely persistent, and even after being presented with evidence to the contrary, still continue with collection activity.

Taylorbees65

Here we go again !!!   They are now pestering me again with calls,emails and letters , Saying the 30 day period is now over , I asked them to provide the credit agreement and proof where i have meant to have paid in the last 6 years but they have supplied nothing . In all honesty its making me ill , Health and mind not great at the moment due to family issues . What do i do now ?  TIA

RAS

How did you ask them? Phone, text, email?

fatbelly

It's 2 months since the pre-action letter. The only thing you need to respond to now is a court claim.

It doesn't sound like they want to spend money on one

Taylorbees65

RAS said:

How did you ask them? Phone, text, email?

By letter on the form they sent me.

Taylorbees65

I was sent the below this morning

Following the expiry of the hold on the above account(s), our records indicate that the balance of £846.20 remains outstanding and no agreed repayment arrangement is in place.

 

This matter is now very serious as our instructions are to issue a County Court claim in view of obtaining a County Court Judgment (CCJ) against you. If granted by the Court, a CCJ will be registered against you for 6 years and may impact your ability to obtain credit in the future.

 

You still have an opportunity to avoid a County Court claim but we must hear from you no later than 09/12/2023.

 

You can make a payment or get in touch through one of the following methods:

 

• Call us on 01253 531562 to discuss your account or make a payment on our 24/7 automated payment line (press option 1)
• Set up a Direct Debit in a matter of minutes: www.tm-legalservices.co.uk/dd-form
• Make a payment on our website: www.tm-legalservices.co.uk 
• Visit our online portal through the ‘Click here’ button below

fatbelly

If they are so confident of their position why are they not issuing a claim that you can defend?

And why are they not sending you the evidence you requested on the preaction protocol form?

Grumpelstiltskin

Unlikely they will go for a CCJ if the amount owed is £846, it would cost them a good chunk of that to proceed.

Keep ignoring them unless you receive a letter before action ( has to be sent by snail mail ) if you do come back for further advice.

fatbelly

I've seen court claims for less.

But i agree that it would not be a good use of their money in this case