Statutory Barred Court Claim

[Stevie666]

Hi all...

Had a Claim Pack turn up today for the following....

Received a claim? Yes
Issue Date: 7/1/25
Have you Acknowledged the Claim?: No
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £500
Claimant’s Name: JC International
Solicitors Firm: Moriarty Law
Original Creditor: CashPlus
Original Debt (eg. Credit card/Loan/Overdraft) : CREDIT CARD
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):

So I had this turn up this morning and its for a card I had forgotten about. Im 99.99% its over well over 6 years old. My credit file only does 5 years back so thats no good.
im pretty sure my credit went to pot 2017 and that was the last time i really had any contact with them.

Ive dealt with other debts via money claim before but not anything thats Statutory barred so was wondering if you can point me into the right direction please.

Thanks

[Pezza54]

The claim was for £500. A couple of hours work for a solicitor
The solicitor will not want to spend much time drafting a witness statement for the claimant, travelling to and attending the hearing at your local county court.
They will want to avoid charging legal costs to their client.
Mediation will be your chance to make an offer via the mediator to settle the claim and avoid further court action
Start with a low offer. The solicitor could come back with a counter offer. You can raise your offer and hopefully reach agreement, which is binding

[echat11]

Ive looked over the paperwork again and also my wife has and all seems legit.

Anything else I should do i just wait for meditation and tell them they haven't provided the credit agreement?

Prepare for Mediation once you get a date - https://www.youtube.com/watch?v=tKesfMqSOfQ

Make notes etc.

[Stevie666]

Ive looked over the paperwork again and also my wife has and all seems legit.

Anything else I should do i just wait for meditation and tell them they haven't provided the credit agreement?

[echat11]

Update time...
Ok so I requested everything from the solicitor etc as normal and I got a letter back by return saying that they will speak to their client.
Nothing turned up at all so I put my defence in last friday saying that they haven't supplied anything like I have done before with other claims etc.

Now today I have a Notice of Proposed Allocation to the small claims track form turn up in the post.
Ive never had one of these before with other claims ive had.

What does this mean and how should I proceed... Thanks

https://www.legislation.gov.uk/ukpga...efault-notices

[Stevie666]

Yes they look like they do stack up.
I will get the mrs to go over it too just incase if missed something.

[echat11]

Ive looked through the paperwork sent and the default notice is dated 29 july 2019 and the breach payment was 5th feb the same year.

They have NOT included the actual credit agreement only the default notice, an extract from a statement and notice of assignment.

Should I ask them again for the Credit agreement?

Normally, they Default after 3 missed payments. so the timeline sounds about right.

You've requested the Credit Agreement twice in essence, once via a CCA request and once via CPR 31.14, so I'm not sure requesting it again makes sense. It might arrive in the 'near future' if they have it.

Take a closer look at the Default Notice and Letter of Assignment, do they stack up?

[Stevie666]

Ive looked through the paperwork sent and the default notice is dated 29 july 2019 and the breach payment was 5th feb the same year.

They have NOT included the actual credit agreement only the default notice, an extract from a statement and notice of assignment.

Should I ask them again for the Credit agreement?

[echat11]

Thanks for updating the forum
If you have received the Default Notice from the credit card company, what date is on the notice?

Please read "Credit card debts -- When does the six year limitation period start to run?" at www.tayntons.co.uk

Courts are generally now taking the date of the Default Notice as the start of the 6 year limitation period

Check all the documents you have received. Look for signatures, anomalies etc

You are welcome to post a list of the documents along with your suspicions about a particular document

Exactly this, so see if the Default date stacks up.

Go through the documents to see if they are compliant, look for anomalies, Creditors are sometime happy to send documents that don't add up. Example, most agreements has a year that the T & C become applicable. So for example, you took the agreement out in 2010, the agreement at the very bottom of the page says 7/12. So those Terms didn't become effective until July 2012.

Make notes as you go along. It's not a race, you are looking for anomalies. Flag them up on the thread.

Start with the agreement - https://lawzone.legal/when-is-a-cred...0unenforceable.

[Pezza54]

Thanks for updating the forum
If you have received the Default Notice from the credit card company, what date is on the notice?

Please read "Credit card debts -- When does the six year limitation period start to run?" at www.tayntons.co.uk

Courts are generally now taking the date of the Default Notice as the start of the 6 year limitation period

Check all the documents you have received. Look for signatures, anomalies etc

You are welcome to post a list of the documents along with your suspicions about a particular document

[Stevie666]

So this morning I get the Mediation appoint through for the 5th of March.

Then in the post I get a letter from the solicitors finally sending the papers I was asking for..

Looking at the statement of transactions which it shows the final payment I made to them was 14/1/2019 which is over 6 years ago.

Any advice for next steps?

[Pezza54]

The court will confirm the claim allocated to a track, probably the small claims track
A judge should then read the filed documents for the first time
Hopefully the judge will note that documents requested by the defendant to be provided by the claimant have not been supplied and will issue a direction for the claimant to serve them. It is possible the court will give the claimant a latest date to file the documents and failure to do so will result in the claim being stayed

[Stevie666]

I sent my N180s off to the court and solicitors.
I received N180 from solicitors today.

Still no paperwork which was requested of them, so how will that work if this goes through court?

[Stevie666]

Its easier to download and type in the details and print off twice

[Pezza54]

Thanks again, Ive gone the to the section about the N180 and the links are dead for the online form and also the info is outdated but ive sourced the form and cobbled my way through it and ile get those sent off asap.

Why did you have to source N180?
Post 17 states you received one from the court