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Court Claim for statute barred debt

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  • Court Claim for statute barred debt

    Hello, I've spent hours reading through the forums in an attempt to handle this myself. However, I think I need some help/guidance with a claim form I have received for a debt which I believe is statute barred.
    This is an old debt from a very difficult period in my life and I am not in a position to pay it.

    Issue Date: 27 Oct 2016
    Amount approx: £2223
    Claimant: Arrow Global Limited
    Solicitor: Drydens Ltd
    Original Creditor: Egg
    Particulars of Claim: The claim is for the sum of £22223 in respect of a credit agreement held by the defendent with Egg...upon which the defendent failed to maintain payments. A default notice was served upon the defendent and has not been complied with. The balance owed was assigned from Idem Capital Securities Ltd to the claimant, and the defendent has been notified of the assignment by letter.
    Is the debt statute barred: Yes, I believe the last payment was made in 2008 (it may actually have been 2007). I have not entered into any correspondance or conversation about the debt since before this date.
    List letters Sent: None
    Any Other Info: I have acknowledged service on 31/10/16 I also indicated that I would be defending the claim.

    I believe this debt is statute barred. I've checked my credit file and there have been no default notices for the previous 96 months. If my defence is that the debt is statute barred how do I now proceed? Do I simply fill in the defence statement saying that the debt is statute barred and giving my reasons why I believe this to be the case?

    Thank you for any help you can give.
    Daisy



    Tags: None

  • #2
    Re: Court Claim for statute barred debt

    Hi DaisyDog welcome to LegalBeagals...

    The first thing are you 100% sure no acknowledgment or payments have been made to the debt?

    Send a CCA request to Arrow global £1 postal order and send recorded also mark the PO "Statutory fee only"

    You can also send a SB letter in with it to give them something to mull over... and you will also need to send a CPR to the solicitors as well but no fee required here

    It will be a long process no doubt but you're in the right place for guidance .....

    Comment


    • #3
      Re: Court Claim for statute barred debt

      When did you last definitely make a payment to this account? You've said 2008.

      The fact there is no default showing on your credit file may not be relevant. You can be 'defaulted' but still go on making payments after that through a DMP or token payments or a one-off payment under pressure from a debt collection agency.

      Your whole account entry will disappear from the CRA files six years to the day a default was registered. The absence of the file doesn't automatically mean the debt is SB.

      It may well be, but you need further proof (of your own) to be certain

      How much is this claim? In your post you refer to it as £2,223 and then later as £22,223.

      Di

      Comment

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