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statute barred defence

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  • statute barred defence

    hi all i have a ccj claim for a loan taken with payday uk in august 2012 as i made no payments i aim to defend the claim as being statute barred. can someone advise how i go about this,regards. tony
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  • #2
    Could you post the particulars of claim, how much the claim is, and who the original lender and the claimant is pls.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

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    • #3
      the claim is for£ 876.63 the claimant is bw legal and the original lender payday uk

      Comment


      • #4
        IS the claimant BW Legal or are they acting for someone ( Debt Managers ? )

        Have a read here First Steps

        for now and get the claim acknowledged, then you can ask the claimant for more information to help you defend the case Acknowledge Claim
        CCA Request
        CPR 31.14 Request


        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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        • #5
          sorry the claimant is prac financial,

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          • #6
            hi again all,with the help of the info i found here i managed to get a defence in in time. i have since receivec letters from bw legal asking me to withdraw my defence and offering me a 50% discount on the debt of £850. this was a payday loan taken in august 2012 with 1 repayment due in september 2012. as i am using statute of limitation as my defence can anyone advise me on when the clock fro statute barred would have started. regards anthony

            Comment


            • #7
              If you didn't make the payment on 1st September 2012 then the debt would have defaulted and that would be taken as the cause of action date if you've made no later payments or acknowledged the debt since.

              What do BW say about the defence - why do they think you should withdraw it ? Have they given any date they think would be the cause of action ?
              “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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              • #8
                It would be September 2012 the clock runs from, so it became SB in September 2018. Ignore their "offer".

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                • #9
                  bw legal say that my defence is unsustainable and have not mentioned any cause of action date.i have now received a directions questionaire from the court and a copy of the same form that bw legal have submitted requesting mediation should i complete and return this

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                  • #10
                    Did you include statute barred in your defence ?

                    Yes you should complete the directions questionnaire - say yes to mediation in case they do manage to provide any evidence to the contrary before that comes around and you want to negotiate. Copy to claimant - file original with the court xx
                    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                    Comment


                    • #11
                      Reading back - can you type out what you entered as defence - also you sent the cca request and haven't had documents back on that either ?
                      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                      Comment

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                      SHORTCUTS

                      Pre-Action Letters
                      First Steps
                      Check dates
                      Income/Expenditure
                      Acknowledge Claim
                      CCA Request
                      CPR 31.14 Request
                      Subject Access Request Letter
                      Example Defence
                      Set Aside Application
                      Witness Statements
                      Directions Questionnaire



                      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


                      NOTE: If you receive a court claim note these dates in your calendar ...
                      Acknowledge Claim - within 14 days from Service

                      Defend Claim - within 28 days from Service (IF you acknowledged in time)

                      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                      We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                      If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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