Claim received is it Statute Barred?

[grotshop]

Received a claim?
Issue Date: 31.10.16
Amount approx: 9500 plus 4500 interest
Claimant: Hoist
Solicitor: Howard Cohen
Original Creditor: Barclaycard
Particulars of Claim: Please type out in full excluding names/account numbers
The claim is for 9500 owing under an agreement with account no xxxxxxxxx pursuant to the Consumer Credit Act 1974 debt legally assigned by MKDP LLP ex Barclaycard to claimant the defendant failed to make contractual payments under terms of the agreement. A default notice has been served on defendant pursuant to s 87(1) cca.
Claimant claims sum of £9500
Interest pursuant to s69 of the County Court Act 1984 at a rate of 8 per cent £4500
Future interest at the daily rate
Costs
Is the debt Statute Barred? I Believe it is
List any letters you have sent: Sent CCA request to Hoist sent cpr 31.4 request to cohen for document disclosure
Any Other Info: I have a statement from june 2010 which shows the account is 2 months in arrear and I had breached credit limit. No contact or acknowledgment has been made or payments made with regard to the account until the claim date.


I was wondering how to proceed. Am I right in thinking this would be statute barred and my defence needs to be filed by 3 november.
Any advice gratefully received.

[charitynjw]

Re: Claim received is it Statute Barred?

I was wondering how to proceed. Am I right in thinking this would be statute barred and my defence needs to be filed by 3 november.
Any advice gratefully received.

Hi grotshop

I hope not, for your sake!

Have you acknowledged this claim with the court?

[grotshop]

Re: Claim received is it Statute Barred?

Yes.

[charitynjw]

Re: Claim received is it Statute Barred?

31/10/2016 + 33 days = 03/12/2016 (a Saturday)

[grotshop]

Re: Claim received is it Statute Barred?

Good point.

[Diana M]

Re: Claim received is it Statute Barred?

Hello grotshop

I see you say you have a Barclaycard statement from June 2010 showing arrears.

Did you get a Default Notice from them after that?

The amount claimed has the potential for this claim to be allocated to the Fast Track where the loser may have to pay the winner's legal costs, so you are wise to check out your legal stance early on.

Di

[charitynjw]

Re: Claim received is it Statute Barred?

@Diana M

Good evening, Di.

Would it be worthwhile, at allocation stage, for a LiP to ask for Small Claims?
The amount might be over 10k, but is likely to be a fairly straight-forward money claim. PD 26 8.1(2)