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  • #1

    N1 Received, but I think debt is statute barred!

    Hi all,

    I have received a county court claim form for an old debt.

    The claim form says I need to respond directly - you can even do it online at moneyclaim.gov.uk

    The debt is on my credit file for £3500 and the default date is 04/2006.

    However, I have looked through my bank statements and I made NO PAYMENTS at all to this account. I was 18 at the time, and simply ran up a debt I could not afford with no income. I told Capital One and they passed it to Robinson Way collection agency.

    If I made no payments, will it be statute barred? The credit card was opened in August 2005, and I have no payments recorded.

    Please can someone help me with what to do next? I have seeked advice everywhere but am confused. I am guessing i MUST respond to the county court claim directly? Others have said send the DCA a letter saying you think it is statute barred.

    By the way, they have now claimed for £5164 as they have added interest and court fees.

    One other thing I have noted is that they sent the CLAIM FORM to an address I never really lived at....

    By this I mean, I lived at my parents' address for 15 years and nearly ALL my correspondence, including my bank account statements etc all still go to this address.

    I briefly lived at my girlfriend's old place for about 2 months, and there is one record of this on my credit file - THIS IS WHERE THEY SENT THE LETTER.

    I have been at a new address (rented) for about 6 months. They did not sent it to this address or my parent's address.

    Could it be that they were hoping I would not receive the claim form? Would this have been to their advantage???

    Any help and advice will be massively appreciated!

    Thank you.

    Admin edit - original thread over here: ---> County Court Claim - Consumer Action Group
    Last edited by Never-In-Doubt; 5 December 2011, 21:31. Reason: added link to CAG Thread
    Tags: action, address, advice, agency, bank, bank account, bank statements, cag, capital, capital one, card, claim, claim form, con, consumer action group, county, court, credit, credit card, daily, date, dca, debt, default, failed, fees, help, income, interest, letter, list, online, pay, payments, scotland, solicitors, statements, statute barred, template, templates, transaction, unenforceability, wales
  • #2
    Re: Court Claim Form Received, but I think debt is statute barred!! PLEASE help me..

    Originally posted by od0s View Post
    One other thing I have noted is that they sent the CLAIM FORM to an address I never really lived at....

    By this I mean, I lived at my parents' address for 15 years and nearly ALL my correspondence, including my bank account statements etc all still go to this address.

    I briefly lived at my girlfriend's old place for about 2 months, and there is one record of this on my credit file - THIS IS WHERE THEY SENT THE LETTER.

    I have been at a new address (rented) for about 6 months. They did not sent it to this address or my parent's address.

    Could it be that they were hoping I would not receive the claim form? Would this have been to their advantage???
    Is a hog's penis pork?

    If you didn't get the claim form, they'd be able to get an uncontested, default judgement.

    As for whether the alleged debt is SB,
    1. when did you inform Crapital One that you'd not be able to pay?
    2. in what part of the UK do you reside?

    Comment

    • #3
      Re: Court Claim Form Received, but I think debt is statute barred!! PLEASE help me..

      What date is the last transaction you made on the card, and when was the first monthly payment due that you presumably failed to pay?
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment

      • #4
        Re: Court Claim Form Received, but I think debt is statute barred!! PLEASE help me..

        It was so long ago I do not know for sure when the last transaction was made, or when they were told I could not pay.

        I am pretty certain the last transaction was around September 2005. I did not make any payments to the card at all. So there is no last payment.

        What do you think should be my next steps?

        The only thing that may stop it being SB would be if I told Capital One I could not afford to repay, but this was not done in writing. I called them and got through to an overseas call centre that was no help and it was soon passed to a DCA.

        Comment

        • #5
          Re: Court Claim Form Received, but I think debt is statute barred!! PLEASE help me..

          If you have made no payment at all since the date of inception then it is more tham likely Statute Barred. (6 years in England and Wales, 5 years in Scotland). If you have made a call to the OC telling them that you cannot pay, then that is acknowledgement of the debt and the clock will run from that date. If you are so unsure of the situation then I would have served a Subject Access Request on them earlier, however you say you have the claim form and you will have to respond to that within the timeframe otherwise they will get a judgement by default. You have three options, accept the debt in full, accept the debt in part or defend the whole action. You would not have to get a defence ready immediately. I would also suggest writing to the claimant or their reps stating that the debt is statute barred.

          Perhaps with this template suitably modified:-

          >Unenforceability Templates - Section 3

          regards
          Garlok

          Comment

          • #6
            Re: Court Claim Form Received, but I think debt is statute barred!! PLEASE help me..

            Or speak to Paul and see what he says......?



            * od0s - Check your PM's
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

            Comment

            • #7
              Re: Court Claim Form Received, but I think debt is statute barred!! PLEASE help me..

              I have also edited post1 to reflect the link to this thread over at CAG
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

              Comment

              • #8
                Re: Court Claim Form Received, but I think debt is statute barred!! PLEASE help me..

                Erm... who is Paul?!

                Comment

                • #9
                  Re: Court Claim Form Received, but I think debt is statute barred!! PLEASE help me..

                  Sorry, I have realised I had a PM now.

                  Thanks for all your help so far

                  Comment

                  • #10
                    Re: Court Claim Form Received, but I think debt is statute barred!! PLEASE help me..

                    Originally posted by od0s View Post
                    Erm... who is Paul?!
                    He works with the solicitors firm that kicks arse and is our preferred solicitor and helps hundreds of people on here on a daily basis - these guys are one of the best in the business....

                    Your PM will explain and also show you proof.....

                    Niddy :niddy
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment

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