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Thread: Recieved 2 Claim forms

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  1. #51
    warwick65's Avatar

    VIP Member

    Feb 2017
    125 Post(s)

    Default Re: Recieved 2 Claim forms

    Quote Originally Posted by MrMRJ View Post
    So you think we should have an offer as backup even though this case is statue barred?
    If you are sure this is statute barred i don't see why you should have an offer but there is no harm in having something set aside just in case they can demonstrate it is not SB

    The thought of coughing up when you don't have to appalls me, however sometimes a pragmatic approach is best. For example I have a couple of small debts that if they decided to take action on I may make offers just to save the trouble although those are between 100 and 300 so very different from my current claim of 5K

  2. #52
    Amethyst's Avatar

    Site Owner

    May 2007
    1749 Post(s)

    Default Re: Recieved 2 Claim forms

    I would have something prepared just in case. I agree with Warwick naturally, but we see far too many cases debtors thought were statute barred turn out not to be because an account or payment was forgotten. We know that when you start trying to get them struck out they tend to have a last look for the documents, and if they do find something and the case proceeds - you'd risk a CCJ - so in my book, just as a safety net, I'd get my eggs in baskets / ducks in a row so that I am in control if things do go wayward when you apply to strike.

    Of course if you are 100% absolutely certain that the claim is statute barred and you're well clear of any argument from them against it being so, you could offer them to withdraw now the case is stayed and look at applying for a strike in a couple of weeks. (I'd definately leave it a couple of weeks at least as the application fee (£255 or £100 depending if a hearing is needed) may be lost if there's a case of late reply and the court having a backlog )
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