• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Lowell court action on historic debt ( statute barred?)

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Lowell court action on historic debt ( statute barred?)

    I received a letter from Northampton court business centre regarding a debt claim from Lowell solicitors. The original debt was from 2009 and the last time I had any correspondence from the original loan company was may 2010 when I wrote to them after legal advice asking for the debt to be written off. At that time my house was being repossessed due to business failure so I was advised to write to my creditors asking for my debts to be written off. I received the letter from the court a month ago, 6 years and 8 months from my last correspondence. After advice, I acknowledged the claim on the MCOL service and defended the debt due to it being what I understood to be statute barred under the 1980 limitations act. I received a second court letter about 2 weeks ago with a defence form which I filled in stating I did not want independent mediation due to the statute limitations I believe are in my favour. I have now received a 3Rd court letter saying the case has been referred to my local county court and to wait to hear from the procedures judge. My question and concerns are, what is likely to happen next? Am I correctly informed the debt is statute barred? Do I have a case to answer? What should I do next? Sorry for the long winded ramblings, any advise greatly appreciated. Thanks. Jerry
    Tags: None

  • #2
    Re: Lowell court action on historic debt ( statute barred?)

    Hi Jerry

    Difficult to answer your questions from the info we have here. Limitation is a difficult issue, the agreement may well include terms which could lead to limitation being affected.

    I think what you need to do is get a copy of the agreement / contract that this claim is based on first, so we can see what we are dealing with here
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment

    View our Terms and Conditions

    LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

    If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


    If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

    Announcement

    Collapse

    Support LegalBeagles


    Donate with PayPal button

    LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    See more
    See less

    Court Claim ?

    Guides and Letters
    Loading...



    Search and Compare fixed fee legal services and find a solicitor near you.

    Find a Law Firm


    Working...
    X