Information if a debt is statute barred or not?

[Unregistered]

Hi,


I previously had some debts which over the years i have heard less and less about.
However, suddenly i received a letter from a solicitors firm called Mortimer Clarke stating that the account in question was terminated on the 03/09/2010. This is according to their letter. (7 years)

So I would assume that it was statute barred, however, they go on further to say that their client ( Marlin Europe Ltd) issued a claim against me on the 16/10/2014 and the claim form was sent to my address. Which I can’t recall ever receiving. They also say that if I contact them they would be willing to settle without court action.

Everything i have read online would suggest that it was statute barred, however, i spoke to the national debt helpline and they told me to send a letter requesting more information re the claim form. It could be that they did begin legal proceedings within the 6 year period?

I posted a question on debt camel and from their knowledge, even if i did receive it and if i did not respond then i would have had a judgement against me "in default" and claims don't usually get suspended. Would or could it be suspended for nearly 3 years?

Please could someone shed some light on whether claim forms can be suspended? Are they trying to scare me into making an offer payment?

Many thanks for any information anyone may have.

Ash

[AshRahman]

Re: Information if a debt is statute barred or not?

Hi,

This was posted by myself. I thought i had registered before i posted the question.

Thanks again

[slainte caragh]

Re: Information if a debt is statute barred or not?

Hi Welcome to the Beagles.

Some one will be along soon to help

Nice meeting you,

Callie <3

[AshRahman]

Re: Information if a debt is statute barred or not?

Hi Callie,

Thanks for the message.

[charitynjw]

Re: Information if a debt is statute barred or not?

Hi Ash

Have you checked with the credit reference agencies, or with Trust Online, to see if a CCJ has been given against you?

[AshRahman]

Re: Information if a debt is statute barred or not?

I checked in March of this year. I had one CCJ which i knew about but nothing else. Ive checked my credit reports as well and nothing.
So they've not got a judgement against me, buts it whether they can start with a claim form and then suspend the process for three years?

[Amethyst]

Re: Information if a debt is statute barred or not?

I think I would call the court on Monday and ask about it - did they tell you a claim number in their letter at all ? It may be they filed a claim and never got around to filing for default judgment ( it isn't automatic, the claimant has to request it) - once you know if a claim exists and what the status of it is you can decide what to do.

[AshRahman]

Re: Information if a debt is statute barred or not?

No other details. I wouldn't know which court to call.
They basically said they sent a claim form in 2014. Which I don't recall.
Then no more mention of that. Then they went on to ask me to call them so that they don't take court action.
I'm pretty sure they don't have a judgement.
It's just if they did file a claim can they go back to the court with it or not after 3 years?
I'm in the process of getting my credit file on track, I've got a young family so looking to the future but this would set me back massively.

[charitynjw]

Re: Information if a debt is statute barred or not?

The relevant date for the cause of action, & therefore the relevant limitation period, will be affected by the type of alleged debt. (Eg, credit card, bank acc/overdraft, mobile phone etc).
Some background detail may help with possible suggestions.

[Amethyst]

Re: Information if a debt is statute barred or not?

Most likely Northampton county court business centre.

Sadly yes there is the possibility they could pick up a claim after three years so you really need to find out if there's a judgment or if there is a claim just sitting at court. There is the possibility too that judgment wasn't registered ( if the judgment was forthwith ( pay in. Full within x days ).

If there is judgment you can look at applying to court to set aside. If not but there is a claim with no judgment you can look at defending, applying to strike out or negotiating settlement.

[AshRahman]

Re: Information if a debt is statute barred or not?

Morning,

It was a bank account with HSBC. So overdraft.

[AshRahman]

Re: Information if a debt is statute barred or not?

Amethyst,

Thank you for the info.
Gutted to hear they can leave things in limbo and come back after three years.
I may have to write the letter saying its statute barred and see if they do produce a claim form or if they're trying it on.
Would Northampton county court have information I could get a hold of?

[Amethyst]

Re: Information if a debt is statute barred or not?

Possibly it is worth trying them ( though it massively depends which call centre person you get at the other end of the phone - some are brilliant and some are jobsworths ) You just want to ask the current status of the claim ( the claim number or your name and address should find it on their system )- depending what the status is you want to ask them for a copy of the judgment or particulars of claim (they might tell you to ask the claimant for such, but worth asking them first)

These are their numbers.

Telephone 0300 123 1056

Telephone 01604 619 400


Also have you had a credit card / loan with HSBC as well as an overdraft at anytime - sometimes different products get amalgamated into an overdraft.

[AshRahman]

Re: Information if a debt is statute barred or not?

I will definitely call them on Monday. Hopefully I get the brilliant rather than the jobsworth.
I did have a credit card with them. Surely they can't put everything into an overdraft?

[MIKE770]

Re: Information if a debt is statute barred or not?

they have in the past and to their detriment, sure others will respond?