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Statue Barred Debt - Court Claim form

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  • Statue Barred Debt - Court Claim form

    Good Morning

    I've previously wrote on this forum - but long and short of it. I have a debt for £2k that becomes statue barred tomorrow, I've not heard from the claimant for 6weeks+ and not recieved a claim form.

    How long does it usually take from them requesting court action to the claim form being sent to me - I.e am I to expect a claim form over the next few weeks?

    I thought about calling the claimant on Wednesday to see if they've taken any court action, because that way itll be too late for them if they haven't and then I'll know I wont be pursued?

    Thank you !
    Tags: None

  • #2
    I'd keep your head down tbh and see what they do.

    When are you counting the statute barred date as running from ?
    “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.

    Received a Court Claim? Read >>>>> First Steps

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    Comment


    • #3
      Hi - thanks for your quick response.

      It was in relation to a student accomodation debt - it was actually from 9 years ago, but 6 years ago my Dad acknowledged the debt on my behalf (that's 6 years exactly tomorrow) I appreciate the best course of action would be to lay low and hope I hear nothing but I desperately want some closure so I dont have to keep thinking about it.

      Comment


      • #4
        So how did your dad acknowledge on your behalf?

        Comment


        • #5
          Hi

          My dad sent an email from my email address agreeing a repayment plan, with my signature (but no payment was ever made and I wasnt very impressed).

          Either way, the last acknowledgement was 16/04/2013 so as of tomorrow I could call and ask them if they've applied for a CCJ?

          Comment


          • #6
            Don't be in such a rush, why contact them at all.

            So it appears they know where you live. Getting a CCJ against your name is not automatic, they have to take you to court, you have to lose and then not pay within 30 days. You will get to know soon enough when/if they start a court claim as the court will send you a claim form.

            Comment


            • #7
              I agree, I'd wait a while too, no point leaping in a resetting the clock - give it at least a month before chasing them - also bear in mind they could try to claim the date the repayment arrangement was meant to start, but no payment was made, could be the cause of action. And certainly do not call tomorrow - if the email was on the 16th you need to wait to the 17th at the very very least - I know you've been stressing about this since last year when they contacted you, just hold on a little bit longer then you can write to them to say the debt is statute barred so can they remove your details from their records.
              “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.

              Received a Court Claim? Read >>>>> First Steps

              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


              • #8
                Okay thanks - seems I'm being overly keen. Just praying I won't receive a claim form anytime soon then. This site has served me well so far, so thanks again !!

                Comment

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