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Notice of Discontinuance received - What about the 6 year clock?

March 26, 2019, 3:58 am
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Hi all,
Hopefully someone can give clarity on this.
Back in Feb 2016, i had a DCA file a claim literally days before the alleged debt's 6 year clock was due up (They basically threw it at the wall in a list minute dash).
The clock was therefore 'stopped'.
After filing a robust defence, the case became stayed. (They failed to file a 'reply to defence').
3 YEARS later (1st March 2019) I received a 'Notice of Discontinuance' letter, with a copy of the filing. - Excellent! That's the end of that... (I have confirmed with the court that the case is closed.)
However .. What happened to the clock when it was stopped 3 years ago, with only days to go before becoming statute barred?
Did having a discontinuance filed, 'restart' the clock again, thus allowing it to run down the remaining time?
OR was the clock 'reset' for another 6 years?
OR - if the alleged debt is 'sold on', and a NEW DCA chances their arm, WILL they have to go by the ORIGINAL dates the alleged debt was last acknowledged & or defaulted... Which was waaaaay back in 2010 (9 Years ago)... Therefore making the alleged debt ABSOLUTELY without ambiguity Statute Barred?
So in a nutshell..... What did the 6 year clock do after it was stopped, but the case was then cancelled?
Hope someone can clear this 'grey' area up.
:-)
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Hoping for some guidance.

March 26, 2019, 10:07 am
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Hi, completely new to the forums so apologies if this isn’t the right place....

I am currently serving in the military and had some issues with housing back in 2012 regarding damages and deficiencies, no excuses but I was in quite a bad place back then. Let’s fast forward to November 2018 and I notice a “public net debt” on my wage slip, in February 2019 they started taking £285 a month from my account, to which I have disputed and is now on hold until they have looked at my income/expenses.

On further investigating this, I’ve seen that a CCJ was issued at Northampton business court in November 2012, which i have never received any paperwork or correspondence about, or have any knowledge of. That CCJ has now gone, so they are recovering the debt via my wages. Does anyone have any legal knowledge on this? I am going to be disputing the charges further as they basically just renovated the house and have billed me for it.

It baffles me that, even though I’ve been serving in the Armed Forces and I’m easily traced via the system that it’s taken them 6 years to send me this invoice.

There is also a smaller invoice from 2008 which I was unaware of either and to my knowledge no CCJ was ever
Issued for this.

Hopefully someone out there will have some knowledge on stuff like this.

Thank you.
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Unenforceable debt, full and final refused, they will restart collections

March 26, 2019, 2:50 pm
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Evening all,
Robinson Way have declined my full and final on an unenforceable debt (no CCA, I have the letter from them to prove it). Their prerogative. But now they're saying they are giving me 30 days to contact them and agree a repayment plan, otherwise they'll restart collections. This is a 10 plus year old debt so not on my credit file. What's my next move please?
As always, thanks for your advice. This would be so much harder without you all.
Cheers, Alex
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Debt, pregnant and alone - help!

March 26, 2019, 4:05 pm
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So life feels like I’m really being pooped on from a great height and I’m feeling very overwhelmed right now so any advice is massively welcome!

1) existing debt =£19k
Yes I know this is bad, it’s accumilated over years. I’ve recently taken stock of my finances and it’s been eye opening to say the least. £5k is a loan I got for my car the rest is on 3 credit cards and I have 0 savings.
I have done some shuffling, they’re now 0% cards, extra money I had in a couple of accounts have made additional payments to the card which 0% ends soonest. (I’m hot on the money saving advice, my friends come to me but I don’t practice what I preach!).
I’ve renegotiated stuff like my phone contract, I’ve switched my current account, I’ve changed car insurance and halved my renewal quote, I’m getting in the habit of taking lunch to work and I have nice coffee and teas in my desk rather than going to the coffee shop on my break, I’ve got a selection of decent things to get on eBay and gumtree. Next big step is stop driving to work, the parking is costing just under £50/week...I’m struggling in the mornings so this is gonna a big step!
I also know I need to revisit my tax allowance and believe I’m due a little rebate.
I’ve discovered my Boots cars has £40 on, Costa has £25, Clubcard has £20, Nectar has £18...so I’ve been collected and now realised its been kinda worth it.

2) got a bun in the oven!
(The above mentioned teas and coffee are decaf - fear not!) Totally unexpected (part of the reason I’m struggling in the mornings) emotions have been everywhere and my boyfriend has left :(
Despite being broke, I receive a pretty decent salary that’s due to go up to £38k next month. The mat leave deal with work is also pretty decent in the grand scheme of things but I’m very worried that I currently only just make ends meet, when I’m mat leave how am I going to make those ends meet?
Very concerned about returning to work - I won’t be able to work full time coz I won’t be able to afford FT childcare (also wouldn’t want to but in current circumstances somethings got to give). I have no family nearby, if I moved back north they wouldn’t be any practical help any way! I keep trying to convince myself this isn’t a focus right now, one thing at a time.
When it comes to benefits, tax credits, I’m absolutely clueless and can’t get my head around anything I’ve researched. I seem to be on that threshold of earning too much despite still not affording anything! Any clarity here will be welcome.
I’m not fussed about new things for the baby, I’ll be raiding gumtree and freecycle etc.

3) I reluctantly need to move
I currently live with my best friend in SE London, we got a steal, we’re renting a beautiful house in a fantastic area and easy distance to work and easy going into the city or out to the country. I love this house, it’s the first place as an adult I’ve felt is my home. It’s spacious, bright, airy, quiet area with a private tenants garden.
She’s just announced she’s got herself onto the property ladder. Moving further out of the city which would make my commute a nightmare if I were to move with her. She’s already said I can move with her for a few months...whilst that would be cost effective on the surface, the cost of moving twice in the next year and the cost of the commute won’t actually save me that much money.
Looking at 1 beds I can afford has spiralled me into a week of despair - the most depressing and disgusting bedsits for £800pcm - more than what I’m paying now! I don’t want to bring my child into that.
Ideally, I want to stay here but there’s no fixed timeline of when she’ll be moving and I can’t afford the rent in any interim between her going and someone new coming...and I can’t imagine being inundated with candidates wanting to move in with a 35 year old woman, a cat and a sprog! Although never say never...
Moving home with my family isn’t an option, all my support is here, going back north my salary would drop at least £15k and I’d lose out the mat pay deal...

Needless to say my MH has taken a dive :( and that’s where I’d usually go on a spending spree - I’ve resisted thus far! But feeling incredibly helpless and this is never how I wanted to bring a baby into the world!
It’s practical advice I need. I’ve had lots of stories of women who’ve defied the odds and that everything will work out, I’m sure it will but right now, I don’t need hope or reassurance, I need logistics!
Thanks in advance
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PRA group advice please

March 26, 2019, 11:17 pm
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Can anyone advise please ?
My cc debt from Nat West sold to PRA group they are calling most days I’ve not answered but had letter from NW saying where to send payments
Ive been paying £10 a month for 7/8 years as unable to work due to mental health problems.
Worried they are going to demand £10000 I owe
Do I write I don’t want to speak to them
Thanks
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Hmct

March 27, 2019, 12:05 pm
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Hi.
Not sure if this is posted in the right place, but here I go.

A few weeks ago I received a letter from HMCT historical Debt team saying I owed £180. First time I've heard about this. Gave them a call and it's from 2007 when a TV licencing agent knocked and got given a name, my name.

At the time I was living at home with my mum and 3 siblings. I didn't even have a TV at the time as I was in the box room.

The debt is definitely not mine, but HMTC are adammant that it's mine, and it needs paying otherwise its debt collectors at my door, and possibly arrest.

Where do I stand with this? I'm really worried that they'll come knocking for this debt and I haven't got the money to pay it either way. I have my 2 young children living with me and with the treats of forced entry, I'm very worried.

I don't know how they can send a letter 12 years down the line without a shred off proof and say 'pay it or else'

Thanks
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Lowell again

March 27, 2019, 12:09 pm
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Hi all.

I have a credit card debt which lowell are dealing with. It £6500

Last payment was 2016 when i had probs with csa.

I have written to them with a prove it letter. Today a recieved a package with loads of old statements.

In the pack was a BLANK credit agreemet, no signature etc. So the pack only contains old statements. The enclosed letter says i must contact them to oraganise a payment plan. My prove it letter asked them to provide my with the signed credit agreement.

Is this enforcable with a CCJ? Should i write back asking for a signed copy?

Thanks in advance

S
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Old Debt passed on

March 28, 2019, 7:51 am
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Hi I trymake it short
My husband has a old debt must be over 10 years at least originally a Nat West credit card , he was working part time then he ended up on benefit due to ill health and still on them now, and it is unlikely to change in near future , we was paying Nat west what we could afford for years then things got tough and the debt was passed to a debt collector and we ended up in a DMP, over the last 10 years or more we have been chipping away at this debt paying the most we could as the only income we have is esa and income support , we dint own our own house and now have to start paying bedroom tax as we now have 1 spare room so we hardly have anything once we pay normal household bills etc and life insurance etc etc
This debt has been passed on to about 5 different debt collectors on last 10 years , the latest debt collector we have been paying for last 2 years has sent letter now saying a review nothing has changed except we now have less income , I don’t work either I have recently been diagnosed with cancer, in the past family member offered to pay partial payment ( half of the remaining debt to see if they would accept it but they refused ) so we just been paying the £ 1 month for years yes it taking ages but we have no spare money .. do you still have to continue to pay after so many years of paying these debt collectors who just keep passing the debt on, we have never ignored the debt just payed what we could but this debt must be nearly £15 years old now we owe £510
Any advise please
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Previous Resident left a train of destruction

March 28, 2019, 10:41 am
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So apologies if this is the wrong forum but I have had a little issue after recently moving into a new flat.

Basically the previous person who lived here disappeared (i.e suddenly stopped paying rent, broke all contact with the LL etc,) so they changed the locks etc. before they let it to me.

Anyway in the past couple of days I have had 2 bailiffs and a HCEO chasing 1 court fine and two council tax accounts (for different districts) . I have had my car (the spaces have the flat number on them) clamped twice one with suspected damage to the alloy wheel :(

And then is getting woke up by a bailiff at 6am.

None of these debts are mine, none have anything to do with me but they are impacting my life at the moment, I am scared about what else they may have left unpaid. or that my car will disappear or something like that.

Anyone have any ideas to get control of the situation?
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Advice On Setting Up A Payment Plan with the Court

March 29, 2019, 2:24 am
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Hi all
I have been fined by the court £550 to be exact. I'm newly self employed, so some months I've made nothing and had to live of working tax. Anyway I phoned them em up to arrange a payment plan, they did some calculations and worked out £100 a month. I have to make my 1st payment in 2 weeks, but I'm starting to think I don't kn ow if I can guarantee £100 everything. Can I change the payment plan? Do they even have to set up a payment plan with me?
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Lloyds AP marker removal? HELP!

March 29, 2019, 7:13 am
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Hiya

We are In a Debt Management plan with Stepchange and have been since Feb 2014.

Lloyds is one of the creditors and for the first 2 years happily agreed to the reduced payments through stepchange and stopped all interest. However in feb 2016 we got a statement out of the blue showing interest had been added on, all sorts of late payment charges etc piled on for good measure. Contacted Stepchange who said to not respond, they would send our budget out to them to show our circumstances were the same and we were on plan with them and giving them our offer of payment (which they had already received and ignored). All goes quiet, then in November 16 we started getting phone calls from them at all hours demanding payment a lot higher than we could afford and wanted a DD setting up with them outside of Stepchange plan which we refused and said they were to speak to Stepchange. We ended up getting sick of the harassment and put in a complaint which at the time we thought had been sorted, they agreed they had acted unfairly and agreed that the account would be closed, no default added and the payment through Stepchange would be made the minimum payment as long as we kept at that payment. All great we thought - skip forward 2 years Lloyds out of the 11 are as they said the only creditor that haven't defaulted us, we get statements every month showing account closed and no interest having been added - BUT I have recently done an Equifax credit report out of curiosity and I have noted that from Feb 2016 to July 16 there are AP markers, Aug 16 Shows green up to date, Sept shows 1 payment late, then Oct 16 to July 17 AP markers again, then Aug 18 to date shows green up to date!! No contact with Lloyds since Nov 16 and no change in DMP circumstances or payment amounts etc.

What power do I have to get this removed because they agreed not to default but if I knew they were going to put AP markers on making the situation so much more worse I would have said at the time just default like the others have done, but this now just means I have this on the file 3 years after all the defaults have gone!!

I rang yesterday but got nowhere as there was a language barrier to start and being on hold for over an hour it ended in being told a manager would ring today after 5, but being at work I've seen a missed call from them so I'm going to have to ring again later.

This just seems wrong as it looks like 2 new arrangements to pay were in place which is incorrect as the AP markers, start, then stop, then start again, there is and has only has ever been a consistant DMP with Stepchange, we have never reduced payment, most years we were able to up it a couple of pounds a month with change in Tax code etc - non of the other creditors have filed AP all have just defaulted 2014/15 as agreed, Lloyds is also the only one not sold on to DCA!

Any advice on what I need to say or ask for when I speak to them later would be much appreciated.

Thanks
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Lowell debt advice pleaase.

March 29, 2019, 10:27 am
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Hi,
I had an Argos card, had ppi on it.
I then had a car accident, and couldn't pay the card, and the ppi ignored my completed form, letters and phone calls. No payments were made, or contact with them from then on.
Fast forward over 8 years, at least - my name has changed (8yrs ago) since the original debt was accrued, and I have had a court letter from Lowell, who it has been passed to. On checking my credit file, it was done 2 weeks before it was due to be removed from my credit file. It's now gone....
Obviously I responded (to the court) and have now been sent a mediation form from the courts.
I have no paperwork due to a fire several years ago.
Where do I stand? Should I mediate, or let it go to court and argue the PPI and the fact that its way old and not even in the right name??
Thanks in advance,
Lulu
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Moriarty Law is chasing me for a debt from 2012

March 29, 2019, 10:59 am
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Hello,

I have received a letter from Mortiary Law and that they represent JC International Acquisition. The originator is Talk Talk Limited.

Back story: I have previously used TT, maybe 2-3 years ago and I have closed my account and paid everything in full. However, back just when I closed my account with them, I still kept on receiving letters from TT to pay my outstanding balance, to which I did. Yet, I still received letters from them, so I called them and they told me to ignore those letters.

Back to the present, I now have to deal with them again, but through Mortiary. I have no contacts with TT and I don't use their services and haven't used them in years. Now I am being sued for £350 dating back from 2012. I ignored those letters, but now that I received a County Court order, I think its a serious deal.

Here's how the Order goes:
Claimant
JC International Acquisition (USA Address)

Address for sending documents
Mortiary Law

Defendant
Me

Particulars of Claim
The claimants claim is for the balance due under an agreement with Talk Talk limited dated 12/05/2012 which was assigned to the claimant on 31/03/2015 and notice of which was given to the defendant on the 31/03/2015.(was not) and which is now all due and payable. The defendant agreed(I did not) to pay monthly instalments under account number ******** but has failed to do so and the claimant claims the sum of ££££. The claimant also claims interest thereon pursuant to S.69 County court act 1984 LIMITED to one year to the date hereof at the rate of 8% per annum.

Singed: (Printed name) of claimant.
(Claimant's legal representative)

The issue date was 2018 Oct, but nothing yet has happened.

Any suggestions would help a lot as I am very lost with the legalities, thank you!
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How do I get old credit history?

March 29, 2019, 11:42 am
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Hi,
I'm being chased for a debt that I cant see on my credit history - was there until very recently, but now gone. Is there a way to see past the 6 years? I need to see payment history, default date, if there was a CCJ etc.
Thanks,
Lulu
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Help me!

March 29, 2019, 2:59 pm
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Hi,

I'm currently struggling with debt. It's all down on me as my partner is unaware of it. I've up to £12,000 worth of debt on credit cards/catalogues. Without including a car loan and insurance.
I'm struggling to pay minimum payments on them which is roughly working out at about £350 a month.
I recently changed jobs from a well paid job to a minimum wage part time job due to the cost of childcare for our 2 young children. I handled it ok when I had a better job but now I can't sleep at night and I can't talk to him about it because it's been hidden forever. We own a house together (with a mortgage) and have 2 young kids. I'm currently bringing in roughly £500 a month which should be just for myself/car ext but with my debts it's not even taking me out my overdraft anymore.

Please help me, is there anything I can do to get myself out this mess without destroying my relationship and family.

I can't live like this anymore!! 😭
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ive been so stupid

March 31, 2019, 2:16 am
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I have been in an IVA for 6 years , the IVA was finally completed in October 2018 yippee so came off my credit report


Now here's where I have been totally stupid at the beginning of October when Christmas was looming I very stupidly took out 2 pay day loans to help with Christmas .
My credit score was still bad because the IVA had just literally dropped off so did not reflect , so pay day was my only option .


I knew I could repay the pay day loans no problem so took them out without much thought thinking well we will have a nice Christmas not worrying about money plus pay them back .


So now heres the major problem we have applied for a mortgage through a mortgage broker ( we have waited 6 years to apply for this mortgage waiting for my IVA to end) who looks at the whole of the market and he is telling me that because I have took out 2 pay day loans even sub prime lenders would not touch us because these were recent loans .


I am gutted I have no idea how long we need to wait now so my credit file should be going in the right direction without my IVA showing but now there's pay day loans hanging over me (the payday loans are paid off but they will continue to show on my file )
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Is being under the MHA grounds to get a CCJ set aside

March 31, 2019, 2:27 am
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So to be blunt was sectioned after a suicide attempt (lost job at short notice, assaulted etc. all got to me) and in that period some private parking company must have sent me a Claim Form that was missed (I didn't have anyone to look at my mail etc.)

Since I was not at home I couldn't exactly respond to it. Do I have grounds for getting it set aside? I have had to pay a bailiff 1/2 of it so they didn't take my car (which I am not currently allowed to drive) but someone said that I can get it back if the CCJ is withdrawn
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Car Repairs so cant pay

March 31, 2019, 3:27 am
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Hi there,

Had a dreaded car repair bill which has messed up my finances this month. Have been paying a monthly payment plan with Moorcroft and Wescott.

This is the first time i will not be able to pay them. I have emailed them and explained this situation and said payments will continue as normal next month

Just not sure what will happen, anyone had experience missing a payment ?

Thanks
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HP Car with bad credit

March 31, 2019, 10:58 am
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Me again,

Another question i hope people can clear up or from experience. I currently get a car funding allocation from work so it is used on HP car finance. I am on my last year now, paid every month no arrears, so i will want to trade it in again for another. My concern is in-between me signing up a few years back i have now gone on a personal debt management plan. Am i now going to struggle to get accepted again when i trade this in or for any for these type of deals the last thing i cant do is pay the car off at the end or not have a car for work and there is no way i will get accepted for a loan.

I know i will have to pay a little more than the normal person due to my bad credit rating but i will make sure the allowence covers it

Just a little worried that's all
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What small DFW things will you do w/c 1st April?

April 1, 2019, 12:04 am
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When we start out on the DFW trail we do loads of "big stuff" that makes quite a difference to our situation. These include having our lightbulb moment, cutting up the credit cards and cancelling Sky and the gym.

But once we have done the bigger stuff, we often feel that we are not making the same amount of progress, when in fact the small steps are helping us form good financial habits and helping us get closer everyday to staying in control and becoming debt free, or staying debt free.

Examples could be hanging washing out instead of using the tumble dryer or leaving your purse/wallet at home to avoid the risk of spending.

So be proud of those small steps, they really are important! :money:
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