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  • FIRST POST
    • onwardsandupwards127
    • By onwardsandupwards127 27th Oct 16, 1:21 PM
    • 39Posts
    • 9Thanks
    onwardsandupwards127
    Statue barred debt cont....
    • #1
    • 27th Oct 16, 1:21 PM
    Statue barred debt cont.... 27th Oct 16 at 1:21 PM
    Hi

    I recently posted on here and had some great advice.
    I have debt that has all become statute barred.
    The last payment I made was in 2009 through CCCS. I have not acknowledged any of the debt since I stopped paying, this was advice given to me then.

    About a month ago I received a CCJ form which I responded to as advised on here.
    Today I received a response from that.

    It is titled:

    Notice of proposed allocation to the small claims track.

    It says

    Take notice that...

    1. This is now a defended claim.
    The defendant has filed a defence. (a copy of which is enclosed- typed but then crossed out with pen and nothing extra in envelope)

    2. It appears this case is suitable for allocation to the small claims track.

    If you believe that this track is not the appropriate track for your claim, you must complete box C1 on the small claims directions questionnaire (Form N180) and explain why.

    3. You ,ust by 11th November 2016 complete the small claims directions questionnaire and file it with the court office...(address) and serve copies on all other parties.

    Can someone please help me with this?
    Thank you so much
Page 2
    • fatbelly
    • By fatbelly 17th Nov 16, 6:34 PM
    • 12,341 Posts
    • 9,386 Thanks
    fatbelly
    I have proof from the bank that I last made the payment to cccs in 2009 and then didn't acknowlege anything since then
    Originally posted by onwardsandupwards127
    Statute barred in 2015 then.

    Don't agree to a settlement deal - it will cost them more than you to attend a hearing. They will probably give up before that if you stick to your guns.

    Honestly, court hearings (if it should ever get there) are not as bad as you think - the judge will just be a man in a suit or a smartly dressed woman. There might be an usher who makes sure you get to the right room at the right time. The other side will be represented by some junior legal exec working his (or her) way up from the bottom and it will be in a room maybe the size of your living room, not the full sized court.

    There's no problem having someone else with you if you want, as long as they behave themselves.

    Until then I agree with Sourcrates negotiating position - tell them, drop your claim, we'll all go home.
    • onwardsandupwards127
    • By onwardsandupwards127 20th Nov 16, 7:40 AM
    • 39 Posts
    • 9 Thanks
    onwardsandupwards127
    Thank you, massively appreciate that.
    I will follow your advice, thank you fatbelly
    • onwardsandupwards127
    • By onwardsandupwards127 21st Nov 16, 10:25 AM
    • 39 Posts
    • 9 Thanks
    onwardsandupwards127
    After I received the email from small claims I advised them I was unable to take a call on the day they gave me.
    Today I received a call from a gentleman there who asked me if there was anyone else that could speak for me on that day, there isn't. He also asked if through mediation I was willing to agree to a settlement figure with the claimant, I said no as the debt is statute barred and he said that mediation would not be the right step.
    He explained it would now be passed on for a hearing (if that goes ahead)
    So that's where I am now, he hinted as it's a company that buys debt they do drop claims at this point.
    I won't hear until March time from what he said.

    Thank you again
    • Marktheshark
    • By Marktheshark 21st Nov 16, 10:29 AM
    • 5,692 Posts
    • 7,184 Thanks
    Marktheshark
    I would have told mediation you will accept £100 for your expenses as the claimant is knowingly pursuing a case they know will not succeed in court.
    It is £100 to you or court.
    Brexit will become whatever they invent it to be.
    • onwardsandupwards127
    • By onwardsandupwards127 4th Mar 17, 4:03 PM
    • 39 Posts
    • 9 Thanks
    onwardsandupwards127
    Hello all

    Im hoping for some more advice in regards to this post that I started please.
    As per my last post I was at the point where I was waiting to hear from the court.
    So, a couple of months back I was notified by the court that the claimant had filed the claim, they then asked for additional information from the claimant, then next I had a letter saying they had a certain time to file the info, they didn't and another letter was sent to myself and them giving them a deadline of the 6th march to send anymore information or it would be struck off.

    This morning I received from the claimants what they have now sent to the court, it has alot of solicitor jargon on there stating when I took out the credit card (with tesco) , which was Jan 2006 and includes statments etc. It does not state on the there the last time that I made a payment (through cccs) to them (it was a different company by then receiving the payments)

    I understand this has been sent to the court and there isn't anything I can do until I hear from the court but could anyone offer me any advice please?

    Thank you ...again
    • fatbelly
    • By fatbelly 4th Mar 17, 4:31 PM
    • 12,341 Posts
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    fatbelly
    So there's nothing in all that bumph responding to your defence in any way?

    When do their statements show the last payment was made? Look at them closely as I have known them try to claim that internal transactions (like refund of interest) counted as acknowledgement.

    Have they actually provided what the court asked them to provide by 6 March?
    • onwardsandupwards127
    • By onwardsandupwards127 4th Mar 17, 5:33 PM
    • 39 Posts
    • 9 Thanks
    onwardsandupwards127
    It states that I took out the card in 2005 and the last statement shows my last payment to Tesco was Dec 2006 - this was for an amount on my debt management plan set up with cccs - I made the final payment to cccs in 2009, they are not providing any of this as I think the debt was sold on to another company so the payment went somewhere else.

    It states
    "The originating creditor assigned all its rights & duties to the claimant on 20 Jan 2016 & served such notice of the said assignment upon the defender on 1st march 2016"

    "On 18th August a letter before action was served upon the defendant, however, no reply was forthcoming and these proceedings were issued" - I did respond with a letter stating the debt was statue barred as suggested by here and stepchange.

    "As a result of the defendant not responding to correspondence, a balance of £5001.03 remains due & owing to the claimant inclusive of fixed costs & county court interest rate at 8%"

    The letter from the court dated 20/2 states:
    "Unless the claimant files with the court and serves on the defendant further and better particulars of claim by 6th march 2017, the claim will be struck out"

    The other part is stating why they hadn't included extra info claiming due to it being electronic they couldn't.

    Thank you fat belly
    • onwardsandupwards127
    • By onwardsandupwards127 10th Jan 18, 4:50 PM
    • 39 Posts
    • 9 Thanks
    onwardsandupwards127
    Hello all,
    Thank you for the help with this post from ages ago.
    Today I have received a notice of allocation to the small claims track (hearing)
    It is saying the claimant needs to pay a fee by a certain date and if it!!!8217;s not paid by the 29th jan it will be struck out.
    It has a hearing date too.
    Please could you give me some advice on this. Do I need to respond? What do I need to do?
    Just to clarify this is a statute barred debt.
    Recently the claimant sent to me a statement showing an odd amount credited to the credit card, I did not pay this to the card.
    After that they sent me a letter similar to one trying to ask me to settle and except the debt as mine.

    I would massively appreciate advice and if anyone could ask Fatbelly for me that would be brilliant - they have been so helpful.

    Thank you
    • ToxtethO'Grady
    • By ToxtethO'Grady 10th Jan 18, 5:15 PM
    • 112 Posts
    • 57 Thanks
    ToxtethO'Grady
    What was the odd amount credited to the credit card and when?

    the notice of allocation does not need to be responded to, you respond in court if they pay the fee by 29th January
    • onwardsandupwards127
    • By onwardsandupwards127 10th Jan 18, 5:38 PM
    • 39 Posts
    • 9 Thanks
    onwardsandupwards127
    Hi thank you,
    When the credit was made meant it showed that the debt would not be statute barred. There were no payments to the card for years previous to that.
    I used to make a payment to cccs and they would send a small regular payment to the card.
    I have bank statements which show when I made the last payment to cccs on their advice with the aim of seeing the debt out until it was statute barred.

    Do the court let me know if they!!!8217;ve paid or do I just attend on the day?

    Thank you
    • fatbelly
    • By fatbelly 10th Jan 18, 6:23 PM
    • 12,341 Posts
    • 9,386 Thanks
    fatbelly
    Hi

    Toxteth is right. The court will let you know when the hearing is, if there is one.

    I mentioned earlier - I have known them try to claim that internal transactions (like refund of interest) counted as acknowledgement.

    The key here is finding out exactly what that rogue payment was. It only counts as an acknowledgement if it's a payment by you (or your agent) and it sounds like that is unlikely. However, there are many dozy judges who have been taken in by these tactics from dodgy debt buyers.
    • ToxtethO'Grady
    • By ToxtethO'Grady 10th Jan 18, 8:00 PM
    • 112 Posts
    • 57 Thanks
    ToxtethO'Grady
    Also find out when Stepchange (they used to be CCCS) paid the last payment, hopefully, they may have that on their records. Their payment may be a few weeks or month after you paid to them, doesn't matter as fatbelly said it's 2015 anyway it will look good for you if you have that information.

    If they can't tell you or the court what that payment was it will not go forward. Make sure you ask the court to clarify that payment a lot of Debt Recovery solicitors just get a list of payments and no notification of what it was.

    As you've been advised by other people it sounds like they're chancing you'll give up and come to an arrangement before the CCJ.

    Stay strong and you can get half an hour or 20 mins free advice from a local solicitor when you know the court date if they don't pull out before hand.
    • onwardsandupwards127
    • By onwardsandupwards127 11th Jan 18, 3:56 PM
    • 39 Posts
    • 9 Thanks
    onwardsandupwards127
    Thank you both, I appreciate your advice so much.
    Yes I read you had said they do that so wasn!!!8217;t surprised when it arrived, it!!!8217;s definitely not a payment I made, it has a bacs number next to it but I!!!8217;m not Sure how I find the details of this.
    I will contact stepchange to see if they still have a record.
    And yes I will ask the court to clarify that payment.
    I agree, it definitely feels they are chasing in the hope I will respond to them as after they had sent this statement which shows a credit a few days later I received a letter from them asking me to settle with them, nothing referring to the information they had.
    I!!!8217;m trying to stay very positive as I know the debt is statute barred and appreciate your advice on speaking with a solicitor just to clarify everything I have.
    It!!!8217;s still an uncomfortable position to be in, I have worked so hard at correcting my past debt problems.

    If and only if the court were to side with them what are the options I would have?

    Thank you again so so much, it feels like I!!!8217;m not on my own battling this because you are here to help me.

    Thank you
    • ToxtethO'Grady
    • By ToxtethO'Grady 11th Jan 18, 4:53 PM
    • 112 Posts
    • 57 Thanks
    ToxtethO'Grady
    If the court sides with them they'll set a payment arrangement based on your income and expenditure so I would suggest have that ready as well when you know the court date.

    You can still speak to the debt recovery people in an effort to save them and the court time and money. Ask them what the payment is, if it shows as BACS what account did it come from? What reference was on it? And there are no issues with DPA unless there has been a mistake and someone else has paid on to your file
    • onwardsandupwards127
    • By onwardsandupwards127 7th Feb 18, 2:04 PM
    • 39 Posts
    • 9 Thanks
    onwardsandupwards127
    Hi All,

    So to update on this post.
    I have contacted the court and they have confirmed that the court fees have been paid by Howard Cohen.
    I have asked them a couple of questions as states that I need to get my witness statement in 14 days before the date of hearing.
    I have requested info from Stepchange, I have requested bank statements from my bank for the relevant times - confirming when the last payment went to CCCS and also confirming that no payment went from my account to the card on the date they are claiming it did.
    I will also ask in my statement where the bacs payment they are claiming I made came from as this is not a payment I made.
    The court have explained I need to post all this to them with my statement, they have also said I should send it to the claimant, I am confused who I am sending it to as the claimant say Hoist but the payment was made by Howard Cohen.

    I'm so appreciative of any advice you may have please, I'm absolutely gutted it has come to this and slightly unnerved about attending court

    Thank you so much
    • fatbelly
    • By fatbelly 7th Feb 18, 6:29 PM
    • 12,341 Posts
    • 9,386 Thanks
    fatbelly
    If HC are the claimant's solicitors then you send it to them.

    You'll be fine at court - it's just 3 people in a room. Your is a simple case
    • onwardsandupwards127
    • By onwardsandupwards127 8th Feb 18, 11:20 AM
    • 39 Posts
    • 9 Thanks
    onwardsandupwards127
    Thank you.
    I am getting together my statement, I would appreciate your thoughts on it please:

    Claim Number:

    Dear Judge

    In 2006 I contacted the Consumer Credit Counselling Service !!!8211; CCCS (now known as Stepchange) for advice regarding the situation I had found myself in.

    I set up a Debt management plan with them, I would pay a monthly payment and they would distribute this between my creditors. I continued to pay this until the 2nd of February 2009 after contacting the CCCS to discuss my situation again. On this occasion they advised me that my best option would be to stop making payments to the creditors with a view to the debts becoming statute barred.

    Last payment received to CCCS to make a payment to the claimant was on the 2nd of February 2009.

    This would have been received by the claimant at the latest March the 2nd 2009.

    In response to the claimants claim that a payment of £7.56 was made to the account through BACS payment on October the 25th 2010 I would ask the court where this payment originated from as it was not a payment made by myself or CCCS.

    In response to the statement from the claimant that "On 18th August a letter before action was served upon the defendant, however, no reply was forthcoming and these proceedings were issued" - A response was sent to the claimant stating the debt was statute barred, this was from the advice of Stepchange who I contacted again and they provided me with a template letter to use. (See document No.1 in the attached bundle)

    I would like the court to acknowledge that this debt is statute barred due to the information that no payment has been made to this debt by me or any third party acting as my agent for a period of more than six years, no written admission of liability for this debt has been made by me or any third party acting as my agent for a period of more than six years.
    I would ask for clarification on where the claimed BACS payment originates from.
    I would also like the court to acknowledge that I did respond to their letter before action.

    Thank you
    • fatbelly
    • By fatbelly 9th Feb 18, 6:20 PM
    • 12,341 Posts
    • 9,386 Thanks
    fatbelly
    Ideally, set it out like a witness statement and don't start 'dear judge'

    http://legalbeagles.info/forums/forum/library/guides-templates/being-taken-to-court/61327-example-witness-statement

    However, you're not legally trained so they can't expect legal language. They'll get the gist of it.

    The final paragraph might be better as:
    I believe that this claim is statute barred under section 5 of the Limitation Act 1980.
    • sourcrates
    • By sourcrates 9th Feb 18, 8:29 PM
    • 14,314 Posts
    • 13,519 Thanks
    sourcrates
    Ideally, set it out like a witness statement and don't start 'dear judge.
    Originally posted by fatbelly
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • ToxtethO'Grady
    • By ToxtethO'Grady 19th Feb 18, 11:27 PM
    • 112 Posts
    • 57 Thanks
    ToxtethO'Grady
    In response to the claimants claim that a payment of £7.56 was made to the account through BACS payment on October the 25th 2010 I would ask the court where this payment originated from as it was not a payment made by myself or CCCS.

    Is this what they are saying? And no other payment or acknowledgment from you since that date? ...and did they send you an account statement after that?

    If that is the case it was statute barred on October 26 2016 and someone at Howard Cohen is going to get a telling off for saddling them with fees and charges to pay.

    Please keep us updated on what the judgment is and any remarks from the judge
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