Defense to Statute barred debt

[curlywurly]

Hi, in previous threads, it has been mentioned that you have a template for a defense to a count court claim that needs to be done in writing on the basis of statute barred limitation. Could you please help me out with providing advice on the structure of this defense? Many thanks

[EXC]

Re: Defense to Statute barred debt

Bump.

[nemesis45]

Re: Defense to Statute barred debt

Got it EXC

[nemesis45]

Re: Defense to Statute barred debt

The Statute Barred Defence is a complete defence:

All the same preambles:

I receive Claim No. xxxxxxxxxxxxxxxxxxx on date:

any request made e.g CPR 31'14
CCA request date sent etc

The defendant hold that the alleged debt falls under the Provisions of Section 5 of the Limitations Act 1980
and is Statute Barred.
and the details of the reason for stating the debt is SB.
Take a look in the forum library, and other defences.

nem

[curlywurly]

Re: Defense to Statute barred debt

Hi, I have defended the claim as statue barred, but received a letter yesterday from the debt recovery company saying their client still wants t proceed with the claim. Do the have any valid case for this. This relates to a credit card debt from 2008, where the last payment date was February 2009 and there has been no contact or acknowledgement since. The default was registered in September 2009. Is it possible they can be successful in getting a CCJ on the basis of arguing that the 6 years starts from default date or 1 or 2 months after the last missed payment. Claim date is 4th April 2015. Thanks

[Nibbler]

Re: Defense to Statute barred debt

You may get a better response if you post in the

Received a Court Claim ?

section.

Received a Court Claim?
If you received a court claim and want to start a new thread in this forum please complete this form and read THIS POST about your first steps

Guidance and Templates can be found HERE

It can get very busy on this board at times, if your post is urgent or has gone unanswered for more than 24 hours please REPORT your post to the team ( hit the triangle icon under the post ) or send a PM to someone or email to admin@legalbeagles.info with a link to your post. Thank you.

[Kati]

Re: Defense to Statute barred debt

You may get a better response if you post in the

Received a Court Claim ?

section.

I've moved the thread

[curlywurly]

Re: Defense to Statute barred debt

Hi,

Is there anyone who could help me please, just continuing from the above thread, , i registered my statute barred defence to the claim on 14th April and haven't heard anything (apart from the claimants solicitor sending a letter saying they were still pursuing the claim) until today when i have received an application from Northampton court from the claimants solicitor to have the stay lifted and the case transferred to my local court (it has an admission from them that due to an oversight , they failed to respond to the defence within the allowed timescale. I have the evidence that last payment on the account was Feb 2009 which they sent me, so on what basis are they pursuing the claim and has anyone got any advice on what i should do next. i don't know if i have to respond to today's paperwork as it doesn't really ask for anything in return it is just a copy of the application from the claimants solicitor. Should i get myself some representation now as i don''t know what my chances are?Thanks

[nemesis45]

Re: Defense to Statute barred debt

Hi,

Is there anyone who could help me please, just continuing from the above thread, , i registered my statute barred defence to the claim on 14th April and haven't heard anything (apart from the claimants solicitor sending a letter saying they were still pursuing the claim) until today when i have received an application from Northampton court from the claimants solicitor to have the stay lifted and the case transferred to my local court (it has an admission from them that due to an oversight , they failed to respond to the defence within the allowed timescale. I have the evidence that last payment on the account was Feb 2009 which they sent me, so on what basis are they pursuing the claim and has anyone got any advice on what i should do next. i don't know if i have to respond to today's paperwork as it doesn't really ask for anything in return it is just a copy of the application from the claimants solicitor. Should i get myself some representation now as i don''t know what my chances are?Thanks

Hi it's possible they are going to come up with a mystery " one off" payment.
The date of the last payment + one month is what I would argue and have done successfully is the start of the relevant 6 year period.

nem

[curlywurly]

Re: Defense to Statute barred debt

Hi , Thanks they have already provided a statement of account showing last payment in Feb so I am hoping they can't now bring something different into play. Do i need to reply to the stay being lifted and the case being transferred locally. Can you advise what happens next, how long before i hear something and should i engage a solicitor? Thanks

[nemesis45]

Re: Defense to Statute barred debt

Hi , Thanks they have already provided a statement of account showing last payment in Feb so I am hoping they can't now bring something different into play. Do i need to reply to the stay being lifted and the case being transferred locally. Can you advise what happens next, how long before i hear something and should i engage a solicitor? Thanks

The claimant will have to have paid a fee to lift the stay and transfer to the local court is due process.
You will get notified by the court in due course but there is a backlog in the system.

nem

[FlamingParrot]

Re: Defense to Statute barred debt

Hi,

Is there anyone who could help me please, just continuing from the above thread, , i registered my statute barred defence to the claim on 14th April and haven't heard anything (apart from the claimants solicitor sending a letter saying they were still pursuing the claim) until today when i have received an application from Northampton court from the claimants solicitor to have the stay lifted and the case transferred to my local court (it has an admission from them that due to an oversight , they failed to respond to the defence within the allowed timescale. I have the evidence that last payment on the account was Feb 2009 which they sent me, so on what basis are they pursuing the claim and has anyone got any advice on what i should do next. i don't know if i have to respond to today's paperwork as it doesn't really ask for anything in return it is just a copy of the application from the claimants solicitor. Should i get myself some representation now as i don''t know what my chances are?Thanks

Hi , Thanks they have already provided a statement of account showing last payment in Feb so I am hoping they can't now bring something different into play. Do i need to reply to the stay being lifted and the case being transferred locally. Can you advise what happens next, how long before i hear something and should i engage a solicitor? Thanks

It's up to you if you wish to seek professional legal advice but you're likely to have to pay for it out of your own pocket and it shouldn't be necessary if your debt is SBd. How much is the claim?

With regards to the limitation period, the default date on your credit file is not relevant, although it's outside the six month period stated in the reporting guidelines. If the claim was issued on the 4th of April and you last paid in February, it's a bit close but could be OK if we consider the cause of action would start when you first miss a payment, i.e. you paid your Feb 2009 instalment, then missed the March one, there would have been a cause of action from that point. Was the payment in Feb 2009 a contractual payment (such as your minimum payment)?

[curlywurly]

Re: Defense to Statute barred debt

Hi, The claim is approx £11k now, the payment in Feb 09 was a minimum payment. There is a debit showing on the account in March which is subsequently reversed which must be the first missed minimum payment. Today I have received notice of allocation to the small claims track. it has a directions questionnaire attached asking if i am happy for the case to go to the mediation service. What does it mean if you don't go to mediation, is it compulsory or seen as a bad move if you don't . What is your advice if i still have a case for sBd? Thanks very much for the advice, it is a confusing process and only the questionnaire attached, no guidance on what the impacts are either way. Cheers

[FlamingParrot]

Re: Defense to Statute barred debt

Hi, The claim is approx £11k now, the payment in Feb 09 was a minimum payment. There is a debit showing on the account in March which is subsequently reversed which must be the first missed minimum payment. Today I have received notice of allocation to the small claims track.

That sounds a bit odd, if the claim is above £10k provisional allocation would have been to the fast track. :confused2: I can't see the particulars of claim on this thread.

it has a directions questionnaire attached asking if i am happy for the case to go to the mediation service. What does it mean if you don't go to mediation, is it compulsory or seen as a bad move if you don't .

It makes you look good and co-operative so to speak. In most cases the mediation service simply says mediation cannot go ahead if you have not received the documents requested.

it is a confusing process and only the questionnaire attached, no guidance on what the impacts are either way. Cheers

The N180 is fairly straightforward to fill in. It's a good idea to tick the mediation box even if in the end it doesn't go ahead for the reasons mentioned above, the rest is just a question of providing details of your local court and any dates you won't be available for a hearing. No need for experts or an interpreter. Where it asks how many witnesses it should be only one (yourself).

- - - Updated - - -

Hi, The claim is approx £11k now, the payment in Feb 09 was a minimum payment. There is a debit showing on the account in March which is subsequently reversed which must be the first missed minimum payment. Today I have received notice of allocation to the small claims track. it has a directions questionnaire attached asking if i am happy for the case to go to the mediation service. What does it mean if you don't go to mediation, is it compulsory or seen as a bad move if you don't . What is your advice if i still have a case for sBd? Thanks very much for the advice, it is a confusing process and only the questionnaire attached, no guidance on what the impacts are either way. Cheers

The six years run from the cause of action and stop at the point the claim was issued. When in March was the missed payment and what was the date printed on your claim form?

[nemesis45]

Re: Defense to Statute barred debt

Hi, The claim is approx £11k now, the payment in Feb 09 was a minimum payment. There is a debit showing on the account in March which is subsequently reversed which must be the first missed minimum payment. Today I have received notice of allocation to the small claims track. it has a directions questionnaire attached asking if i am happy for the case to go to the mediation service. What does it mean if you don't go to mediation, is it compulsory or seen as a bad move if you don't . What is your advice if i still have a case for sBd? Thanks very much for the advice, it is a confusing process and only the questionnaire attached, no guidance on what the impacts are either way. Cheers

Hi, No mediation is not compulsory, the court " expects" both parties to have made attempts to resolve the claim without recourse to a full hearing it's best to tick yes if the claimant fails to provide documents requested in time for the mediation appointment the mediator will pass the claim back to the court.

This failure looks good for you!!

nem