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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Alex, Can you see my thread from yesterday? Thank you

Customer Question

Hi Alex,
Can you see my thread from yesterday?
Thank you,
Amanda
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hi and thanks for asking for me.
I can yes. HOw is it I can help?
Customer: replied 2 years ago.

What do you suggest to the following?

In the court application I sent to set the judgement aside, I stated I believed it to be fraudulent, then I filed my defence after it had been set aside denying all knowledge of the debt nor having had any communication with the claimant.
They have now sent me a document from 2006 with what appears to be my signature, but I did not sign the document. As stated in my initial application to have it set aside, that I had since discovered a debt in my name, using my dob but at an address I have never been to, let alone lived at, in the same area in which I do live.
The claimant has put a 14 day limit for me to accept their offer along with accepting a Tomlin Order. I do not understand exactly what the Tomlin order is about. They mention they do not want it to go to court again and I should accept this order.
I feel threatened and frightened by the prospect of going to court as they have the means to drag it out and I don't, hence my seeking advice online.
I really want to know the best way of responding to the claimant within the time and if there is a specific procedure I should adopt.

Expert:  Ash replied 2 years ago.
What is the value of the claim? What was the date of last payment and when was issue of the claim?
Customer: replied 2 years ago.

I attach the letter they sent me on 10th Aug for your review please.

Thank you

Attachment: 2015-08-19_143835_case_letter_100815.pdf

Expert:  Ash replied 2 years ago.
Thanks but when was date of last payment and when was date of issue of claim?
Customer: replied 2 years ago.

I do not know when last payment was made.

I was told that Marlin Capital had purchased this debt from Northern Rock in November 2008.

I believe Marlin Capital entered to the court the claim on 26th Oct 14.

Expert:  Ash replied 2 years ago.
Ok. I assume therefore you had not made a payment before 26th October 2008. As such the claim is time barred as per the Limitation Act 1980. Therefore you have an absolute defence and you should raise this.
The claim is out of time, it must be within 6 years of last payment or when you acknowledged the debt. By filing a defence is not an acknowledgement.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Thank you Alex.

To clarify, I can send a statute barred letter to them and the matter should be done?

I had a feeling that they were trying their luck by offering a reduced rate on this claim.

I really appreciate your help.

Kind regards,

Amanda

Expert:  Ash replied 2 years ago.
Yes you can.
Does that help?
Alex
Customer: replied 2 years ago.

Yes it does, thank you.

However there appears to be several variations of template letters available.

Can you recommend the correct form it should take?

Do you perhaps have a template on file that is relevant to my predicament please?

Expert:  Ash replied 2 years ago.
Just say its statute barred and they need to provide evidence of last payment and issuing in time. That is it.
Does that seem ok?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Sorry to bother you again Alex.

What exactly do you mean above by 'issuing in time'?

Thanks

Amanda

Expert:  Ash replied 2 years ago.
Date of claim form.
Alex
Customer: replied 2 years ago.

As in them making the original claim to the court for the ccj?

Thank you.

Expert:  Ash replied 2 years ago.
Correct, original claim issue.
Alex
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex