County Court Claim nearly 6 years... HELP

[Missjb]

Hi Guys

I do apologise if I come across dumb here, but I've been reading through the forum and I'm just clueless with this all.

I had a letter from Moriarty Law on Tuesday staing that they were issuing proceedings in the county court to recover the said debt and that I'd receive a claims pack, which came yesterday (day after the first letter). The letter also said that it wasn't too late to amicably resolve the matter and that I could contact that within 14 days.

Firstly I found the original credit agreement in my emails,to which I defaulted the first payment on 31/10/2011. I never made any payments at all as I lost my job and went in to panic mode.

I did email the law firm yesterday, which was before the court claims came through. I acknowledged the letter, making it clear I had no recollection of the alleged debt and that my email was NOT an admittance of the alleged debt. I asked them to provide me with the original agreement, who the original agreement was with, any correspondence from myself and also the date the alleged debt was taken out on.

Now I have received the court claims forms I'm not sure if I should have emailed them or not.

The particulars of the claim are:

The Defendant owes the claimant £262.50 under a regulated loan agreement with CURO Transatlantic Ltd T/A WageDayAdvance Dated 06/10/2011 and which was assigned to the claimant on 01/02/2013 and notice of which was given to the defendant on the 01/02/2013 (debt)
Despite formal demand for payment of the debt the defendant has failed to pay and the dlaimant claims £262.50 and further claims interest thereon pursuant to section 69 of the County Court Act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £21

From my understanding after 6 years from the debt being defaulted and me not contacting them at all the debt would become statue barred, so if my dates are correct I'm less than 2 months away from this!

I really don't know what to do, can this be enforced as it is so close to 6 years?

I have however just acknowledged the claim on line ticking the wish to defend the claim but I have not sent any of the other letters suggested as to be honest I just don't understand it all.

Please I need some advice quick

[jaguarsuk]

Re: County Court Claim nearly 6 years... HELP

Hi Guys

I do apologise if I come across dumb here, but I've been reading through the forum and I'm just clueless with this all.

I had a letter from Moriarty Law on Tuesday staing that they were issuing proceedings in the county court to recover the said debt and that I'd receive a claims pack, which came yesterday (day after the first letter). The letter also said that it wasn't too late to amicably resolve the matter and that I could contact that within 14 days.

Firstly I found the original credit agreement in my emails,to which I defaulted the first payment on 31/10/2011. I never made any payments at all as I lost my job and went in to panic mode.

I did email the law firm yesterday, which was before the court claims came through. I acknowledged the letter, making it clear I had no recollection of the alleged debt and that my email was NOT an admittance of the alleged debt. I asked them to provide me with the original agreement, who the original agreement was with, any correspondence from myself and also the date the alleged debt was taken out on.

Now I have received the court claims forms I'm not sure if I should have emailed them or not.

The particulars of the claim are:

The Defendant owes the claimant £262.50 under a regulated loan agreement with CURO Transatlantic Ltd T/A WageDayAdvance Dated 06/10/2011 and which was assigned to the claimant on 01/02/2013 and notice of which was given to the defendant on the 01/02/2013 (debt)
Despite formal demand for payment of the debt the defendant has failed to pay and the dlaimant claims £262.50 and further claims interest thereon pursuant to section 69 of the County Court Act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £21

From my understanding after 6 years from the debt being defaulted and me not contacting them at all the debt would become statue barred, so if my dates are correct I'm less than 2 months away from this!

I really don't know what to do, can this be enforced as it is so close to 6 years?

I have however just acknowledged the claim on line ticking the wish to defend the claim but I have not sent any of the other letters suggested as to be honest I just don't understand it all.

Please I need some advice quick

Hi and Welcome

Unfortunately, whether two months or one day before the 6 years the debt can be enforced. Now the claim has been entered, the clock stops and you need to defend the claim.

Now you have acknowledged service you need to get on with writing to the solicitor with a request for all the documents (Original CCA, Default Notice, Notice of Assignment etc.) and start preparing your defence.

See Here: http://legalbeagles.info/library/gui...etter-example/
And here: http://legalbeagles.info/library/gui...-of-documents/

When you start to write your defence, there's examples of how to format it here: https://www.compactlaw.co.uk/free-le...ims-court.html

[Missjb]

Re: County Court Claim nearly 6 years... HELP

I know this was three weeks ago since I posted this. I received a response from the law company, as I'd already emailed them. They said it could take up to 28 days to respond and the case would be put on hold.

Ive just received an email from them providing me with the documents I asked for, however they have not included the original credit agreement, just a letter where I was informed the account had been taken over, no date or addresss on this letter either!

This is what they were meant to send me :
"I have requested from our client your credit agreement statement of account and notice of assignment and the bank details the Loan was paid into"

ive been sent a break down of the interests, but no details of the bank the loan was paid into.

could it be the original documents are no longer on the original debtors system? It is nearly 6 years after all.

theyvd put the account on hold for a further 14 days. Need some advice on how to respond as they've not forwarded what I asked for.

[charitynjw]

Re: County Court Claim nearly 6 years... HELP

Hi

Take no notice of their 'on hold'.

There is a live court claim which trundles on separately from anything that they may promise.

If the claim was issued via MCOL, you have 33 days from the claim issue date in which to file your defence.