Claim received for LLOYDS/TSB credit card debt

[Birchave]

Re: Claim received for LLOYDS/TSB credit card debt

so basically it's time statute barred?

[FlamingParrot]

Re: Claim received for LLOYDS/TSB credit card debt

If YOUR last payment was in Jan 2007, then yes, by the time they issued the claim on Feb 15th 2013 it would have been SBd even if they paid themselves from other sources.

[Birchave]

Re: Claim received for LLOYDS/TSB credit card debt

Thanks for that FP
I bought a book about small claims and it seems they MUST send out a LBA
Which they didn't, I will include that as part of my defence

[FlamingParrot]

Re: Claim received for LLOYDS/TSB credit card debt

Thanks for that FP
I bought a book about small claims and it seems they MUST send out a LBA
Which they didn't, I will include that as part of my defence

According to the CPR Pre Action Protocol Practice Direction, the claimant is supposed to send a LBA or letter of claim. If they fail to send one, it would affect the costs side of things, however, not sending a LBA is not, in itself, a defence.

If you've got your dates right, then your defence would be simply that the debt is Statute Barred, which is an absolute defence. It would be up to the claimant to prove YOU made payments after January 2007, which is not the same as them exercising RoSo. :nono:

[Birchave]

Re: Claim received for LLOYDS/TSB credit card debt

According to the CPR Pre Action Protocol Practice Direction, the claimant is supposed to send a LBA or letter of claim. If they fail to send one, it would affect the costs side of things, however, not sending a LBA is not, in itself, a defence.

If you've got your dates right, then your defence would be simply that the debt is Statute Barred, which is an absolute defence. It would be up to the claimant to prove YOU made payments after January 2007, which is not the same as them exercising RoSo. :nono:

so do I apply to have it struck out?
thanks