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Notice of court claim issued

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  • Notice of court claim issued

    Hi,
    I have received an email this morning about a debt on behalf of Lowell Portfolio saying I will soon receive a county court claim. I am not sure what this debt is for. I also moved to my current address almost 7 years ago and all old debts should have disappeared as they are more than 6 years old?
    any advice please how to act in this one? I would like to dispute it if I can.
    Tags: None

  • #2
    It might be speculative.

    If no payments has been made or written acknowledgement in the last 6 years, then the debt might be statute barred providing there is no CCJ recorded against you.

    You could just wait to see if anything transpires.

    Comment


    • #3
      I know no payments have been made for over 6 years but I do not know what you mean by written acknowledgement?

      Comment


      • #4
        Originally posted by aladdin View Post
        I know no payments have been made for over 6 years but I do not know what you mean by written acknowledgement?
        Writing to the Creditor acknowledging that you owe the money.

        Comment


        • #5
          Please read the article at https://ivaplan.co.uk/latest-tips/li...rs-chase-debts
          In particular take note of the information under the heading "Are there exceptions to the Limitation Act 1980?"

          Different types of debt have different limitation periods

          The limitation period can be extended if the debtor changes address and fails to notify the creditor

          Comment


          • #6
            So my debts are all unsecured. If I’m not mistaken they cannot pursue after 6 years? I have received correspondence too so they know my current address. If I ask for credit files to check if these debts are there or not, will that help? As in in they are no longer on file?

            Comment


            • #7
              Originally posted by aladdin View Post
              So my debts are all unsecured. If I’m not mistaken they cannot pursue after 6 years? I have received correspondence too so they know my current address. If I ask for credit files to check if these debts are there or not, will that help? As in in they are no longer on file?
              You can check your credit files online, it's free.

              You can send them a statute barred template, see what they come back with. MaKe sure you get Proof of Postage.

              https://legalbeagles.info/forums/for...ed-debt-letter

              Comment


              • #8
                Provided it has been over 6 years since the last known payment or admittance of debt by the debtor, the creditor cannot start legal proceedings.
                You stated you notified the creditor of your change of address, or they found it out themselves

                You should reply to Lowell Portfolio stating you will vigorously defend any court claim for repayment of debt, if in fact there is a debt as you are not aware of one, on the grounds the claim is time barred under the Limitations Act 1980

                Comment

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                Announcement

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                SHORTCUTS


                First Steps
                Check dates
                Income/Expenditure
                Acknowledge Claim
                CCA Request
                CPR 31.14 Request
                Subject Access Request Letter
                Example Defence
                Set Aside Application
                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.
                2 of 2 < >

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