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**DISCONTINUED** How long can a money claim remain open after defence

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  • **DISCONTINUED** How long can a money claim remain open after defence

    Hi All

    A debt collector of JD Willaims served a claim for £2500 on my wife on the 15/09/2014.

    The catalogue account was opened by her when she was 17 (under age) and was mainly used by her next door neighbour. The last payment made to the account was over 7 years prior to the claim and no contact or payment was made thereafter.

    We exchanged letters with the solicter back in 2014 stating that our position was that the alleged debt was statue barred and we would not be paying. We also entered this into the defence and it was recieved on the 13/10/2014.

    Since then the claimant has failed to provide any further evidence against our defence and we have not recieved any further letters until today. They basically just state they believe the debt is owed in full and will accept 50% blah blah.

    My understanding of the money claim system is that after the defendant enters thier defence the case is sent to one of the track systems and we should have been sent a notice of proposed allocation.

    Nothing has been recieved in over 18 months and the case is just sitting with the last document being the defence.

    Just before I send a letter back to the debt collector saying our position has not changed since they have not provided any evidence to support thier claim on a credit agreement that they entered into with a minor :P

    Is there any way we can get this case struck out or dropped or even progressed?
    Ps I dont fancy paying £255 to send a form in!

    Thanks in advance!
    Tags: None

  • #2
    Re: How long can a money claim remain open after defence and next actions if any

    The case will be on hold, give Northampton county court business centre a call and ask them the current status of the claim. It can be picked up at any point, but if it is statute barred ( and sounds like it is) then it will likely just be left. They will have to apply to court to pick things up again and explain the delay, and prove it's not statute barred, and the court will let you know if anything is heard. You could ask for a strike out without a hearing which is £100 rather than £255 if it is really worrying you that it is still in the background.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: How long can a money claim remain open after defence and next actions if any

      Just had a notice of discountenance through from the claimant

      Comment


      • #4
        Re: How long can a money claim remain open after defence and next actions if any

        Perfect ! Well done xxxx
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: **DISCONTINUED** How long can a money claim remain open after defence

          Well done on the result..

          Comment

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