Loan almost statute barred, how to delay?

PhillStocks75
PhillStocks75 Posts: 4 Newbie
edited 14 February 2019 at 12:09PM in Loans
I have a loan that is statute barred in April. I asked for the CCA agreements five years ago and they have only just been provided, I believe because the loans will be statute barred in a matter of weeks.

They have given me until the 25th Feb to respond, one of the CCAs has an illegible date, and also I believe I have a month in which to return any PAP, and also I intend to request a SAR to get the exact SB date.

My question is, I would like to delay for eight weeks, what is the best procedure to go about this, to string this out for as long as possible?
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Comments

  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    If they believe the debt is enforceable and choose to go for a CCJ, it doesn't matter whether you try to string it out or not.
  • Nasqueron
    Nasqueron Posts: 8,785 Forumite
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    PhillStocks75 wrote: »
    what is the best procedure to go about this,


    Pay your debts?
  • Bermonia
    Bermonia Posts: 977 Forumite
    First Post
    Pay up or end up with a CCJ... curious to understand why it is you think you are exempt from paying your debts?
  • Voyager2002
    Voyager2002 Posts: 15,279 Forumite
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    Deleted_User wrote: »
    If they believe the debt is enforceable and choose to go for a CCJ, it doesn't matter whether you try to string it out or not.


    Yes, but they need to obtain the CCJ before the six years are up. So the OP is asking advice on what to say that will encourage them not to go for a CCJ, but will not acknowledge the debt.
  • Voyager2002
    Voyager2002 Posts: 15,279 Forumite
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    Bermonia wrote: »
    Pay up or end up with a CCJ... curious to understand why it is you think you are exempt from paying your debts?


    The time to pay the debts was six years ago... any payment now would only go to a low-life DCA rather than the company that originally lent the money.
  • iolanthe07
    iolanthe07 Posts: 5,493 Forumite
    My question is, I would like to delay for eight weeks, what is the best procedure to go about this, to string this out for as long as possible?

    It is hard to be nice to newbies sometimes. Here's an idea: why not pay back what you owe?
    I used to think that good grammar is important, but now I know that good wine is importanter.
  • Bermonia
    Bermonia Posts: 977 Forumite
    First Post
    Voyager2002 - it’s this attitude that is the problem, rather than deal with the debts people spend a considerable amount of time and effort hoping to utilise a loophole to walk away.

    Whilst you may not like these DCAs they are still employers who have to pay their staff wages, let’s not get started on the knock on affect to everyone else when people default on their debts.

    I don’t know the OP’s full situation, however I am never sympathetic of someone trying to dodge why they owe.
  • PRAISETHESUN
    PRAISETHESUN Posts: 3,711 Forumite
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    Ignoring the moral dilemma of paying back what you owe or not, you need to be absolutely sure of when your SB date is. The SB date is the date after which any court action will not be enforceable, but if they commence proceedings prior to this then any judgement (CCJ or otherwise) will be enforceable even after the 6 year period is over.
  • System
    System Posts: 178,093 Community Admin
    Photogenic Name Dropper First Post
    Not really ideal to ignore this. Firstly you could wait it out. After the 6th year has passed by you could be free from the debt. However if the debt collector submits forms dated before the 6th year has passed to the courts, your going to be in a bit of bother. Im mean you could argue with the court that its statue barred. But then again the court might rule not in your favour. If they apply for a ccj dated before the 6th year ends then they will collect. Ccj could lead to home visits, repossessions and collecting money from your wages. Bare in mind all assets can be seized. However you could offer monthly repayments now and then go for a partial settlement. Its a big gamble. I would favor peace of mind instead of not knowing if they have gone for a ccj. I guarantee the debt collectors will hold proof that they have warned you of being taken to court. Even if you have no evidence. I understand you want that freedom back but a ccj will make things worse.
  • PhillStocks75
    PhillStocks75 Posts: 4 Newbie
    I don't need to be reminded of the morals of debt collection agencies thanks. My question is what response to a PAP will force another PAP, rather than allow the creditor to send a claim form? a) a SAR, B) dispute due to an illegible CCA agreement, c) some other method. The debt is statute barred in April, it would be stupid not to use the law to my advantage.
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