• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Claim received for LLOYDS/TSB credit card debt

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Re: Claim received for LLOYDS/TSB credit card debt

    so basically it's time statute barred?

    Comment


    • #17
      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.

      Comment


      • #18
        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

        Comment


        • #19
          Re: Claim received for LLOYDS/TSB credit card debt

          Originally posted by Birchave View Post
          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:

          Comment


          • #20
            Re: Claim received for LLOYDS/TSB credit card debt

            Originally posted by FlamingParrot View Post
            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

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

            Announcement

            Collapse
            1 of 2 >

            SHORTCUTS

            See more
            See less

            Court Claim ?

            Guides and Letters
            Loading...



            Search and Compare fixed fee legal services and find a solicitor near you.

            Find a Law Firm


            Working...
            X