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Hi - I have received a claim (18/10/18)from Northampton county Court. I believe the debt to be statute barred and have decided to defend this. I have sent back the letter of acknowledgement with my intention to do so, sent 25/10/18.
I have sent the creditor a letter with my attention to defend the claim with a subject access request & also informed their solicitor by post.
Im concerned that I have rushed the above and haven't used the correct legal terminology.
Particulars of claim -
The claimant claims the sum of £380.00 for an outstanding debt owed. On 17/01/2005, the defendant entered into an agreement with Halifax bank of Scotland, for a credit card under ref.... on 17/05/2006 the defendant defaulted on the agreement, with an outstanding balance £1,235.00. On 5/11/2007 the debt of £1,235 was assigned to Aktive Kapital first investment ltd, who itself assigned the debt to Aktive Kaputal portfolio As, Oslo, Zuug branch on 1/1/2013, who itself assigned the debt to PRA GROUP (U.K.) ltd. on the 31/12/2014. Notices of assignments were sent to the defendant in accordance with 6136 law of property act 1925. Payments of £855.00 were received up to 29/04/2016. AND THE CLAIMANT CLAIMS 1. The sum of £380.00
As you can see in the particulars of claim, there's a period of 7 years give or take where no payments were made towards this debt. I also made no written aknowlwdgement of this debt in this time. I moved house in 2009 and eventually received a letter in 2013 and decided to respond and get the paid off. This was through a different company though, not mentioned in the claim, yet the payments of £880.00 are recorded.
I have been advised that as the limitation period had passed by this point, it wouldn't make any difference to the debt being statute barred.
Any advice would be greatly appreciated. Sorry if I've missed out any important details, new to this site. (Sorry for the ramble!)
Thank you
Gemma.
I have sent the creditor a letter with my attention to defend the claim with a subject access request & also informed their solicitor by post.
Im concerned that I have rushed the above and haven't used the correct legal terminology.
Particulars of claim -
The claimant claims the sum of £380.00 for an outstanding debt owed. On 17/01/2005, the defendant entered into an agreement with Halifax bank of Scotland, for a credit card under ref.... on 17/05/2006 the defendant defaulted on the agreement, with an outstanding balance £1,235.00. On 5/11/2007 the debt of £1,235 was assigned to Aktive Kapital first investment ltd, who itself assigned the debt to Aktive Kaputal portfolio As, Oslo, Zuug branch on 1/1/2013, who itself assigned the debt to PRA GROUP (U.K.) ltd. on the 31/12/2014. Notices of assignments were sent to the defendant in accordance with 6136 law of property act 1925. Payments of £855.00 were received up to 29/04/2016. AND THE CLAIMANT CLAIMS 1. The sum of £380.00
As you can see in the particulars of claim, there's a period of 7 years give or take where no payments were made towards this debt. I also made no written aknowlwdgement of this debt in this time. I moved house in 2009 and eventually received a letter in 2013 and decided to respond and get the paid off. This was through a different company though, not mentioned in the claim, yet the payments of £880.00 are recorded.
I have been advised that as the limitation period had passed by this point, it wouldn't make any difference to the debt being statute barred.
Any advice would be greatly appreciated. Sorry if I've missed out any important details, new to this site. (Sorry for the ramble!)
Thank you
Gemma.
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