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Statutory Barred Court Claim

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  • Statutory Barred Court Claim

    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
    Tags: None

  • #2
    The first line in your Defence will be that the claim is statute barred. NB you forgot to state the Particulars of Claim.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      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
      Last edited by Pezza54; Yesterday, 13:21:PM.

      Comment


      • #4
        There is also "Example Defence" under SHORTCUTS that you could adapt for your statement of case

        Comment


        • #5
          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.

          Comment


          • #6
            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.

            Comment


            • #7
              Originally posted by Stevie666 View Post
              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'.

              Comment


              • #8
                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??

                Comment


                • #9
                  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?
                  Last edited by Pezza54; Today, 14:03:PM.

                  Comment


                  • #10
                    Its on the claim form under claimant

                    Comment


                    • #11
                      Try googling the claimant's name and address to see if the company pops up

                      Comment


                      • #12
                        The address is as follows...

                        JC International Acquisitions LLC

                        2 Sun Court

                        Suite 400

                        Peach tree Corners

                        Georgia

                        USA

                        30092


                        I have had a google and not sure what to make of it. Another law firm comes up at same address also.

                        Comment


                        • #13
                          Originally posted by Stevie666 View Post
                          The address is as follows...

                          JC International Acquisitions LLC

                          2 Sun Court

                          Suite 400

                          Peach tree Corners

                          Georgia

                          USA

                          30092


                          I have had a google and not sure what to make of it. Another law firm comes up at same address also.
                          First line in post 9, you don't have to go 'chasing' them. If you want to send JC International Acquisitions LLC anything, just send it to their solicitors, I'm sure they can 'pass it on' to their clients.

                          Comment


                          • #14
                            Strange I couldn't find that address in the US, just 16 McLeland Rd MN

                            Could be the solicitor has got it wrong

                            JC I A has purchased the debt.
                            Make sure you serve court documents on the solicitor

                            Comment

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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.




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