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

[atticus]

The first line in your Defence will be that the claim is statute barred. NB you forgot to state the Particulars of Claim.

[Pezza54]

There is an informative article titled "Statute barred debts. Are my debts written off?" at www.stepchange.org
On the righthand side of this page under "SHORTCUT" please read "Acknowledge Clam" and "CCA Request" for further advice

[Pezza54]

There is also "Example Defence" under SHORTCUTS that you could adapt for your statement of case

[echat11]

a) First Acknowledge Service of the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request to CashPlus, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

c) Send a CCA request to JC International, they have 12 days to provide a copy of the agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

d) Send a CPR 31.14 request to Moriarty Law, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

e) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

https://legalbeagles.info/library/gu...-court-claims/

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

[Stevie666]

Thanks for the replies.
Just an update, It seems I maybe abit wrong about the age and its literally 5 years,11 months since contact/last payment was made to them. Its probably why they are trying it on now. Im going to try and find the actual date but I dont know if it will make much difference.

[echat11]

Thanks for the replies.
Just an update, It seems I maybe abit wrong about the age and its literally 5 years,11 months since contact/last payment was made to them. Its probably why they are trying it on now. Im going to try and find the actual date but I dont know if it will make much difference.

Do the things stated in posts 3, 4 and summed up in post 5.

Your Defence won't state 'statute barred', but the documents requested should still be 'compliant'.

[Stevie666]

Thanks again , will get on this now.

Also ive noticed the claimants address is in the USA?? Is that normal
This isnt going to help them respond in 12 days??

[Pezza54]

You will be dealing with the claimant's solicitor, Moriarty Law, who are based in London

JC International is a London based property company. Where are you getting their address in the USA from?

[Stevie666]

Its on the claim form under claimant

[Pezza54]

Try googling the claimant's name and address to see if the company pops up