Received claim form for debt that already has a ccj 🤔

[Stressedisme]

Hi
I have just received a claim form for a old loan debt that already has a ccj on it, what should I do please?

[EnglandPi]

How old is the debt? Are the amounts the same?

[Stressedisme]

Hi yes balance the same,
and start date of (118 loan) 27/12/2014 default date 30/07/2015 previous ccj 08//06/2016

[EnglandPi]

The loan would appear to be statute barred and cannot now be pursued through the courts. That is your defence. Make sure you get your defence into the Court on time otherwise they could win by default, then things get messy.

[Stressedisme]

Surely they can’t even apply for another ccj for the same debt? Also only received Letter before action but this was dated 14/06/2021 and says if we don’t hear from you by the 25/06/2021 that’s only 11 days and most of that would of been in the post.

[EnglandPi]

Anyone can issue a summons against anyone at any time for anything. It doesn’t have to be right proper or legal. The important thing is you have to stop it proceeding any further.

[Stressedisme]

So best to defend? on the basis of already being ccj for the debt and lba letter insufficient timescale ect?

[EnglandPi]

No. The debt is statute barred

[mike22861]

It isn't staute barred yet if they issue the MCOL claim before the 30th June .
It would be with answering their letter of claim with requests for all the information they hold . Then ask for the information you require that the might not have. They can't issue a claim whilst answering the letter before claim.

[EnglandPi]

It isn't staute barred yet if they issue the MCOL claim before the 30th June .
It would be with answering their letter of claim with requests for all the information they hold . Then ask for the information you require that the might not have. They can't issue a claim whilst answering the letter before claim.

The loan was taken out in 2014 that's seven years the debt is statute barred

[ostell]

It's not quite 6 years from the default date. The start date is immaterial. What was the date of the last payment?

[Stressedisme]

Hi I’m not sure on last payment date sorry

[Stressedisme]

Can anyone suggest best course of action?

[Celestine]

Forget Limitation Act, it wont get to that till July 30th at earliest.
Defend in full on basis that this debt was enforced via a previous claim xxxxxx and that this second claim is clearly an error and therefore the claim should be struck out. Don't bother applying for strike out yourself, just calmly defend and wait for the courts to process that this is two claims for the same debt; which is not allowed.
Also write to claimant or telephone them to make them aware of their error. Who knows, they may decide to withdraw the claim but dont bank on it if its a bulk debt purchaser like Lowell or Cabot.

[Stressedisme]

Thankyou Celestine can you help any further with the wording on defence please