How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

This may be an interesting one for you. I got a loan from

Resolved Question:

This may be an interesting one for you. I got a loan from Abbey National when I first moved here in 2006 but then lost my job and couldn't pay. Two years ago a company called Link Internetional took out court proceedings for the debt. I entered a defence saying it was statute barred. Link wrote to me saying £5.00 was paid in October 2008. I wrote back asking for the provenance of that payment and although they promised to let me have details, I have not heard from them since or from the Court. I have now received a letter from another debt company saying they have bought the debt and asking for payment. They are going from October 2008 when the purported payment of £5.00 was made. How do I stand on this please?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What happened to the court proceedings, did it not go to trial please?

Customer:

No, nothing has happened with the Court proceedings Alex. I put in a defence saying the debt was state barred. Link wrote to me saying there was a £5.00 payment in October 2008. I wrote back to them asking for a copy of the loan agreement, a copy of any Notice of Assignment, and information and documentation relating to the £5.00 payment. They wrote back saying they would get that information to me and in the meantime enclosing a Tomlin agreement for me to sign. I rejected that and said I wanted the information. Since then I have received nothing at all, save that in December that year (the proceedings were started in May) I got some kind of statement from Link, with all the administration charges, the debt interest on it, I ignored it. Now I have received another letter from another debt company Hoist Portfolio saying they have bought the debt from a company called NPH2 Limited (not Link!) asking for payment, using October 2008 as the default date, which is the date Link say the £5.00 was paid (but not by me). I think I did have a savings account with the Abbey which may have had £5.00 in it. I have heard of banks transferring money towards debts if the client hasn't paid. I think maybe this is what happened.

Alex Watts :

So you haven't signed a Tomlin Order?

Customer:

No I signed nothing.

Alex Watts :

Ok great.

Alex Watts :

In that case don't worry

Alex Watts :

Don't acknowledge the debt

Alex Watts :

Just write back and say its statute barred and you want a copy of all docs etc

Customer:

I might just mention I have been unemployed since 2006 I am just about to get my pension.

Alex Watts :

If they issue proceedings you can defend it on the basis it is an abuse of process

Alex Watts :

There have been previous proceedings and you can't litigate twice on the same matter

Alex Watts :

The old proceedings when you sent back the defence would have been stayed if no action taken

Alex Watts :

Therefore no action can now be taken because there were old proceedings

Customer:

Should I write to the Court and get Link's action dismissed for want of prosecution?

Alex Watts :

So you are off the hook as long as you don't acknowledge

Alex Watts :

No, its not a criminal trial, you dont need to do that

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

Old proceedings are stayed, you dont need to do anything

Customer:

Yes, please can you put my mind at rest. Can Link recommence the action against me now after two years? Can they write to the court for leave to do that and if they do, what is the probability that they will get it? If these people start proceedings if I write them telling them about the old action, then they cannot take me to court, even though they are using this purported £5.00 payment?

Alex Watts :

In theory they could try but they would need to convince a Court why there was a 2 year delay.

Alex Watts :

They are unlikely to get that

Alex Watts :

You havent made the payment, they would have to show you had, so I dont think Court would succeed

Alex Watts :

Does that help?

Customer:

Sort of, I'm worried about having this action hanging over my head. I wish I could have paid them but I couldn't on Jobseekers. Is there no way I can get the Court to dismiss these proceedings for want of prosecution. I suppose Link could argue that it took them a long time to get the details from the Abbey which might succeed. I would be a lot happier if I could just get rid of it.

Alex Watts :

No, its not a criminal trial. Its stayed and they can't do anything

Customer:

Its on my mind constantly and now this letter has come I'm really quite worried.

Alex Watts :

They can only be dismissed if it runs to trial and its found for you

Alex Watts :

You dont need to worry, you really dont

Alex Watts :

Its been transferred to a new debt company and Link have no interest any more

Alex Watts :

Therefore there are very unlikely to try and revive proceedings

Customer:

ok, so I'll write to this new company and say its statute barred. thank you. I'm still worried (because I'm like that) but you have set my mind at ease a bit.

Alex Watts :

Dont worry

Alex Watts :

If I could invite you to rate my service before you go and if you are having trouble doing that please let me know

Alex Watts :

All the best

Customer:

thank you. Im going to rate you the best!!!!!

Alex Watts :

Thanks - let me know if it wont let you do it

Customer:

at the moment it won't lol

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Try now!

Thanks

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions