Statute barred defence filed

[Ck1]

Hi
i filed a statute barred defence with Northampton county court on 29 jan ( acknowledged for 30th) - their acknowledgement below , as of yet the claimant have not filed a counter claim or contested my defence , how long before my defence is accepted and I can forget about these people ? Thank You !

(Ps there is no mention if this on my credit file in any way apart from searches by Lowell Portfolio occasionally )




Good afternoon

Thank you for your email. I’m afraid I’m unable to give advice on such matters as court clerks are not legally trained. You may wish to seek legal advice or contact your local Citizen’s Advice Bureau with regards to your query.

Please be advised that you the named defendant filed a defence on the date 30th-Jan-2014 and to date the claimant has not yet requested to proceed with this claim.


If I can be of any further assistance please email again or contact our helpdesk on the telephone number shown below


Regards

[pt2537]

Re: Statute barred defence filed

Hi
i filed a statute barred defence with Northampton county court on 29 jan ( acknowledged for 30th) - their acknowledgement below , as of yet the claimant have not filed a counter claim or contested my defence , how long before my defence is accepted and I can forget about these people ? Thank You !

(Ps there is no mention if this on my credit file in any way apart from searches by Lowell Portfolio occasionally )




Good afternoon

Thank you for your email. I’m afraid I’m unable to give advice on such matters as court clerks are not legally trained. You may wish to seek legal advice or contact your local Citizen’s Advice Bureau with regards to your query.

Please be advised that you the named defendant filed a defence on the date 30th-Jan-2014 and to date the claimant has not yet requested to proceed with this claim.


If I can be of any further assistance please email again or contact our helpdesk on the telephone number shown below


Regards

Hi,

If only the Court process was that easy. When you file a Defence, it is sent to the otherside, they then have 28 days to consider whether they agree with your defence, and therefore abandon the Claim or contest your defence at which point you will get an Allocation questionnaire or directions questionnaire.

The Court will let you know what you have to do next.

The Court staff cannot give legal advice, and you MUST NOT Rely on them to give you advice. If you need legal advice see a lawyer

[CleverClogs]

Re: Statute barred defence filed

Might the claimant not yet have quite decided when the OP made his phantom payment(s)? :grin:

[pt2537]

Re: Statute barred defence filed

Might the claimant not yet have quite decided when the OP made his phantom payment(s)? :grin:

or the phantom acknowledgment

[gillwall]

Re: Statute barred defence filed

Hi
Sorry to hyjack you thread, but im in a similar position. How did you prove it was statute bared. I have two credit reference files and no evidence of the creditor on the file.
Thanks
Gill x

[NotPaying]

Re: Statute barred defence filed

For Ck1, the claimant does not file a counterclaim, that could have been something you could have done.

For gillwall, you don't have to prove it's statute barred, it's up to the claimant to prove it. However any letters over 6 years old from the claimant showing the amount owed which matches the amount of the claim or the amount on letters 6 years later would be useful.

[ACTION FOUR]

Re: Statute barred defence filed

Ck1
Statute barred is a statute barred----the law is clear
BUT How does one write Statute Barred Defence?
Ck1 or other members help: your format might guide others

[teaboy2]

Re: Statute barred defence filed

Ck1
Statute barred is a statute barred----the law is clear
BUT How does one write Statute Barred Defence?
Ck1 or other members help: your format might guide others

Its simple, you put in your defence that its statue barred, why you believe its statue barred and any evidence to support why you think its statue barred. Not difficult really.