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Claim received for LLOYDS/TSB credit card debt

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  • #16
    Re: Claim received for LLOYDS/TSB credit card debt

    so basically it's time statute barred?

    Comment


    • #17
      Re: Claim received for LLOYDS/TSB credit card debt

      If YOUR last payment was in Jan 2007, then yes, by the time they issued the claim on Feb 15th 2013 it would have been SBd even if they paid themselves from other sources.

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      • #18
        Re: Claim received for LLOYDS/TSB credit card debt

        Thanks for that FP
        I bought a book about small claims and it seems they MUST send out a LBA
        Which they didn't, I will include that as part of my defence

        Comment


        • #19
          Re: Claim received for LLOYDS/TSB credit card debt

          Originally posted by Birchave View Post
          Thanks for that FP
          I bought a book about small claims and it seems they MUST send out a LBA
          Which they didn't, I will include that as part of my defence
          According to the CPR Pre Action Protocol Practice Direction, the claimant is supposed to send a LBA or letter of claim. If they fail to send one, it would affect the costs side of things, however, not sending a LBA is not, in itself, a defence.

          If you've got your dates right, then your defence would be simply that the debt is Statute Barred, which is an absolute defence. It would be up to the claimant to prove YOU made payments after January 2007, which is not the same as them exercising RoSo. :nono:

          Comment


          • #20
            Re: Claim received for LLOYDS/TSB credit card debt

            Originally posted by FlamingParrot View Post
            According to the CPR Pre Action Protocol Practice Direction, the claimant is supposed to send a LBA or letter of claim. If they fail to send one, it would affect the costs side of things, however, not sending a LBA is not, in itself, a defence.

            If you've got your dates right, then your defence would be simply that the debt is Statute Barred, which is an absolute defence. It would be up to the claimant to prove YOU made payments after January 2007, which is not the same as them exercising RoSo. :nono:
            so do I apply to have it struck out?
            thanks

            Comment

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