Help with statute barred debt

[5hotgun12]

Re: Help with statute barred debt

Would this be a suitable defence ?


1. The Defendant has not acknowledged the debt in writing in the last six (6) years.

2. The Defendant has not paid any part of this debt in the last six (6) years.

3. The Defendant has requested copies of documents (agreement, default notice, assignment) mentioned in the particulars of claim in accordance with CPR 31.14 but the claimant has failed to comply with this request.

4. ACCORDINGLY THE Defendant seeks the Claimants claim to be dismissed by the court as the debt is a statute-barred under the Limitations Act 1980, Section 5.

[Diana M]

Re: Help with statute barred debt

This relates to an agreement regulated by the CCA 1974 on 06/09/2005
A default was recorded on 20/12/2007
The assignment was made on 20/12/2007

^ ^ ^ are you sure that's word for word what was stated in the Particulars of Claim?

No mention of who was the original creditor?

So who was the original creditor?

Di

[5hotgun12]

Re: Help with statute barred debt

It was an MBNA Credit card

The claim details are in the attachment


(edit: removed c/card number)

[Diana M]

Re: Help with statute barred debt

Was this a credit card or a loan because that can make a difference to the certainty of SB which isn't automatically based on the last payment made.

You say the debt has not been acknowledged for "many years". How many years and what evidence have you got to support that fact if challenged?

Do you know the date of the Default Notice and the remedy date? This can often be months after you stopped paying the monthly minimum contractual amount due and that can impact on a SB argument.

Who was the original lender (MBNA?) because it makes sense to send them a Subject Access Request immediately to get the full history of the account.

Even if you are convinced it's SB it's always a good idea to throw in as many legal arguments as you can with your Defence on a just-in-case basis

I can see that in post # 2 on 3rd February I advised you to send a Subject Access Request to the original creditor. Did you do that?

I also asked whether the debt was a credit card or a loan for SB reasons. I can see the POC you posted today don't say what kind of agreement it was.

Do you recognise the debt?

Di

[Diana M]

Re: Help with statute barred debt

It was an MBNA Credit card

The claim details are in the attachment

Our posts crossed again, but same question, did you send MBNA a SAR?

Di

[5hotgun12]

Re: Help with statute barred debt

I sent at CCA letter to Link Financial and a CPR request to Kearns.
I didn't send a SAR to the original claimant but can do this now.
It was a credit card.
I vaguely recall an MBNA card but thought this was paid/resolved long ago.

[Diana M]

Re: Help with statute barred debt

I didn't send a SAR to the original claimant but can do this now.
It was a credit card.
I vaguely recall an MBNA card but thought this was paid/resolved long ago.

Send the SAR to MBNA so you'll have the full history of the account.

If the Claimant struggles to obtain the documents needed they may attempt to reconstitute them so you'll need the SAR information in order to cross check those recons for 'honesty and accuracy'.

Di

[5hotgun12]

Re: Help with statute barred debt

Sure, I'll do that now.

But do I enter a defence anyway ? I'm out of time so I think I have to.
Is the defence I suggested a suitable one ?