statute barred defence

[macredcar]

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

[Amethyst]

Could you post the particulars of claim, how much the claim is, and who the original lender and the claimant is pls.

[macredcar]

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

[Amethyst]

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

[macredcar]

sorry the claimant is prac financial,

[macredcar]

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

[Amethyst]

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 ?

[CLL1]

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

[macredcar]

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

[Amethyst]

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

[Amethyst]

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 ?

[macredcar]

hi guys, im so sorry for not responding until now,but i have had to spend some time in hospital and have just returned home, i have now received a notice of allocation to small claims track hearing on 23/05 2019 and am getting really stressed about how to deal with this please any help would be appreciated

[Amethyst]

You've received a notice of hearing which will be held on 23rd May ? Are there further instructions ( on the next page maybe ) regarding exchanging witness statements and documents on which you intend to rely, and also a date by which the claimant needs to pay their hearing fee ?

Still no sign of the agreement from the claimant?

And you still have the statute barred debt issue to use in your defence... nothing to worry about If you tell us what the rest of the letter says we'll give you a hand doing the next bits xxx

[macredcar]

it says each party must deliver to other parties and court office copies of documents to be used at hearing no later than 14 days before hearing claimant has to pay fee by 4pm on25april 2019 i have received a copy of the original agreement

[macredcar]

hi again guys, was wondering do i just turn up at court now and claim statute barred as my defence, as i have no evidence i can think of to send to the court, also i have not received any evidence from bw legal that they intend to use,if i ring the court will the court tell me if they have paid the fee
regards a