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Claim received is it Statute Barred?

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  • Claim received is it Statute Barred?

    Received a claim?
    Issue Date: 31.10.16
    Amount approx: 9500 plus 4500 interest
    Claimant: Hoist
    Solicitor: Howard Cohen
    Original Creditor: Barclaycard
    Particulars of Claim: Please type out in full excluding names/account numbers
    The claim is for 9500 owing under an agreement with account no xxxxxxxxx pursuant to the Consumer Credit Act 1974 debt legally assigned by MKDP LLP ex Barclaycard to claimant the defendant failed to make contractual payments under terms of the agreement. A default notice has been served on defendant pursuant to s 87(1) cca.
    Claimant claims sum of £9500
    Interest pursuant to s69 of the County Court Act 1984 at a rate of 8 per cent £4500
    Future interest at the daily rate
    Costs
    Is the debt Statute Barred? I Believe it is
    List any letters you have sent: Sent CCA request to Hoist sent cpr 31.4 request to cohen for document disclosure
    Any Other Info: I have a statement from june 2010 which shows the account is 2 months in arrear and I had breached credit limit. No contact or acknowledgment has been made or payments made with regard to the account until the claim date.


    I was wondering how to proceed. Am I right in thinking this would be statute barred and my defence needs to be filed by 3 november.
    Any advice gratefully received.
    Tags: None

  • #2
    Re: Claim received is it Statute Barred?

    Originally posted by grotshop View Post
    I was wondering how to proceed. Am I right in thinking this would be statute barred and my defence needs to be filed by 3 november.
    Any advice gratefully received.
    Hi grotshop

    I hope not, for your sake!

    Have you acknowledged this claim with the court?
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Claim received is it Statute Barred?

      Yes.

      Comment


      • #4
        Re: Claim received is it Statute Barred?

        31/10/2016 + 33 days = 03/12/2016 (a Saturday)
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: Claim received is it Statute Barred?

          Good point.

          Comment


          • #6
            Re: Claim received is it Statute Barred?

            Hello grotshop

            I see you say you have a Barclaycard statement from June 2010 showing arrears.

            Did you get a Default Notice from them after that?

            The amount claimed has the potential for this claim to be allocated to the Fast Track where the loser may have to pay the winner's legal costs, so you are wise to check out your legal stance early on.

            Di

            Comment


            • #7
              Re: Claim received is it Statute Barred?

              @Diana M

              Good evening, Di.

              Would it be worthwhile, at allocation stage, for a LiP to ask for Small Claims?
              The amount might be over 10k, but is likely to be a fairly straight-forward money claim. PD 26 8.1(2)
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment

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