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Hi,
I have received a Moneyclaim court order from Northampton County Court Business Centre, from Cohen Cramer Solicitors on behalf of Lowell Portfolio:
Particulars of Claim:
Claimant claims sum of £240
Debt legally assigned to claimant on 12/Nov/2015, notice of which has been sent.
Defendant failed to maintain contractual payments required under the terms of the account agreement.
Claim includes statutory interest under the s.69 of the County Court Act 1984 at a rate of 8% per annum.
I have to reply on the MCOL website, or via the paper forms within 14 days of 16/09/2016
The debt was a phone contract from 2010.
The debt is listed on my Noddle Credit Report with the default date of February 2011, which is only 4-5 months from being statue barred.
There is a chance that the last payment made to the telecom company, prior to the debt being sold off, was more than 6 years ago -- as it takes a few months for a default date to be listed on a credit reference agency?
Would it be reasonable of me to Acknowledge the Service of the Moneyclaim, but enter a short defense of "The debt is time barred under the Limitation Act 1980 Section 5 in that the last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. The claim is denied."
Unfortunately I am no longer with Nationwide, which would have been the bank account I made phone payments to during 2010.
If the debt is in fact not statute barred, will this affect me negatively?
I am capable of paying the debt, but I have had no contact with the claimants, so there's a chance that it is statue barred if the Default Date of Feb 2011 is a few months later than the last payment on the original phone contract? I received a letter from the claimant a few months a go offering a 50% reduction on the amount to clear it, but I had no money at the time. I would be more than happy to pay the amount with a similar reduction, but I assume now that it has gotten to the stage of this money claim that it is not possible?
Additionally, the money claim lists £50 legal representative's fees and £25 court fees as additional costs. Am I required to pay these if I admit the debt?
Kind regards.
I have received a Moneyclaim court order from Northampton County Court Business Centre, from Cohen Cramer Solicitors on behalf of Lowell Portfolio:
Particulars of Claim:
Claimant claims sum of £240
Debt legally assigned to claimant on 12/Nov/2015, notice of which has been sent.
Defendant failed to maintain contractual payments required under the terms of the account agreement.
Claim includes statutory interest under the s.69 of the County Court Act 1984 at a rate of 8% per annum.
I have to reply on the MCOL website, or via the paper forms within 14 days of 16/09/2016
The debt was a phone contract from 2010.
The debt is listed on my Noddle Credit Report with the default date of February 2011, which is only 4-5 months from being statue barred.
There is a chance that the last payment made to the telecom company, prior to the debt being sold off, was more than 6 years ago -- as it takes a few months for a default date to be listed on a credit reference agency?
Would it be reasonable of me to Acknowledge the Service of the Moneyclaim, but enter a short defense of "The debt is time barred under the Limitation Act 1980 Section 5 in that the last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. The claim is denied."
Unfortunately I am no longer with Nationwide, which would have been the bank account I made phone payments to during 2010.
If the debt is in fact not statute barred, will this affect me negatively?
I am capable of paying the debt, but I have had no contact with the claimants, so there's a chance that it is statue barred if the Default Date of Feb 2011 is a few months later than the last payment on the original phone contract? I received a letter from the claimant a few months a go offering a 50% reduction on the amount to clear it, but I had no money at the time. I would be more than happy to pay the amount with a similar reduction, but I assume now that it has gotten to the stage of this money claim that it is not possible?
Additionally, the money claim lists £50 legal representative's fees and £25 court fees as additional costs. Am I required to pay these if I admit the debt?
Kind regards.
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