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- Sat Oct 28, 2017 10:45 am #472894 Hi I'm having a problem with SHOOSMITHS and a capital one debt. I did take a credit card ( of which they wrongly sold me PPI) when I had to go off work in July 2008 and went to use the PPI to deal with my outstanding balance which then they used a clause that I wasn't on a permanent work contract so the debt didn't get paid.

They claim I made a payment in 31st October 2010 ( which I despite and my bank can prove ) . They also clai that after the letter I sent ( template letter to dispute debt and claim the debt was statute barred) , they state they DONT have to provide me with a signed copy of the ageeement, as they are only required to provide me with a TRUE COPY OF THE AGREEMENT .

They also state that the contract with capital one was breached 9th January 2911 and that the agreement was terminated .( just to remind you no payments have been proved by shoosmiths and my bank can prove no payment was made in 2010)

Also in their letter they state that proceedings were issued against me on the 6th January 2016 therefor the matter is not statute barred.

I feel they are just harassing me and using information which isn't true and they haven't sent me the proof of which they claim. I'm struggling with this and things are not good for me at the moment as I have been financial hit hard and distressed since undergoing cancer treatment. Nothing like extra stress when your fighting health issues

Any help or advice would be most grateful and thank you for reading

[JaneClack]

- Thu Nov 02, 2017 2:29 pm #472897 Hello

They claim proceedings were issued against you in January 2016 so the first thing to do is check your credit file to see if a CCJ was granted. If it was it would have been because you did not respond to the claim form that had to be sent - if it was not sent and there seems to be one you can ask for the judgment to be set aside and say why it should not have been issued as the debt was statute barred - this will cost though.

If the debt was in joint names and someone else paid in October 2010 then the debt would not have been statute barred until October 2016 but you are adamant that you have not paid anything since 2009 at the latest. So you use the statute barred defence if they try to take you to court (if they do not already have a CCJ)) - they have to prove that the debt is not statute barred as opposed to you proving that it is.

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