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  • FIRST POST
    • haylz124
    • By haylz124 6th Jan 18, 1:02 PM
    • 3Posts
    • 0Thanks
    haylz124
    Received a CCJ, Credit file has also been modified
    • #1
    • 6th Jan 18, 1:02 PM
    Received a CCJ, Credit file has also been modified 6th Jan 18 at 1:02 PM
    Ok so last month a credit card debt become statute barred it had been 6 years since my last payment. I was married at the time and my husband was the spender and I left him 6 years ago last month and never made another payment so I know FACT 6 years ago last month was my final payment.
    I received a claim form from CC this morning in the post I popped onto my credit file only to find my final payment was apparently 6 years ago in October this year. So what should I do and how should I deal with the debt?
Page 1
    • sourcrates
    • By sourcrates 6th Jan 18, 1:46 PM
    • 14,368 Posts
    • 13,553 Thanks
    sourcrates
    • #2
    • 6th Jan 18, 1:46 PM
    • #2
    • 6th Jan 18, 1:46 PM
    Hi,

    Did the creditor send you a "letter before action" which they are now obliged to do before sending a claim form ?

    If they didn't its only a technical breech of the rules and will not stop the claim going ahead, theres some good advice regarding how to proceed here :

    http://legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim
    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/
    • fatbelly
    • By fatbelly 6th Jan 18, 2:40 PM
    • 12,362 Posts
    • 9,403 Thanks
    fatbelly
    • #3
    • 6th Jan 18, 2:40 PM
    • #3
    • 6th Jan 18, 2:40 PM
    Your credit file (assuming you're talking about Experian etc) would not tell you about payments made 5-6 years ago. It would, however, tell you a default date.

    Companies are expected to issue a default after 3-6 missed payments so a final payment in Dec 2011 could result in a default in Oct 2012, though they would have been a bit slow on your dates.

    Can you find evidence from your own records about when the last payment was made, was that a contractual payment, when was the final day on the statement for making that payment and when was the next contractual payment date (the one that was missed)?

    As your claim may be dated 2 Jan 2018, for a SB defence, you would have to show that the 'cause of action' date was 1 Jan 2012 or earlier.

    There are other lines of attack and the legalbeagles site should help you
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