Statute barred debt-court claim

**Arcadian** · 4th March 2017, 15:46:PM

Re: Statute barred debt-court claim

Do you recall ever receiving a Default Notice?

**tinati** · 5th March 2017, 14:02:PM

Re: Statute barred debt-court claim

Hello, no I do not recall receiving a default notice, if they did it would have been sent to my old address.

**charitynjw** · 5th March 2017, 14:13:PM

Re: Statute barred debt-court claim

Even though the onus is on the Claimant to prove that it is not SB, it would be wise of you to evidence the fact that it is.
Have you sent a SAR to the original creditor?
Do you have historic details? (e.g. bank statements for the relevant periods)

**Diana M** · 5th March 2017, 14:16:PM

Re: Statute barred debt-court claim

Originally posted by tinati View Post

I had a credit card with sygma bank which I last paid for in June 2009. I received a claim form and I filled in the defence section saying this now a statute barred debt.

. . . . . . I haven't yet heard from the court. Do I stand a chance to win the case if it goes to court?

What stage have these proceedings reached? It appears you've filed your Defence and Lowells have written to you (not filed a Reply to your Defence?) to disagree with your contention that the debt is SB.

When did you file your Defence and if that was more than 28 days ago have you checked with the court to see if the claim has been stayed if Lowells have not informed them that they intend to continue with the claim?

Or have you received a Directions Questionnaire?

Is Statute Barred the only legal argument which you included in your Defence or were there others to argue if that one fails?

If this was a credit card have you ever sent a CCA Request to the original creditor or Lowells? If not do that immediately to protect your legal position (albeit you may need to amend your Defence if you've not raised the s.77-79 CCA argument in your original Defence).

There's a link to this forum's template letter here >

http://legalbeagles.info/forums/show...=7670#post7670

When did you open this credit card account and how much is being claimed?

Di

**tinati** · 5th March 2017, 14:35:PM

Re: Statute barred debt-court claim

It was a credit card and the amount being claimed is £1700. I opened the account in 2005 and my last payment was in June 2009. I do not have bank statements for that period because I closed the account around 2013. I filled in my defence on the 19th of January 2017. I haven't heard anything from the court just from Lowell solicitors responding to my defence I filled in on the claim form. No I have never sent a CCA to the creditor nor Lowells. Will post one out tomorrow.

**Diana M** · 5th March 2017, 14:52:PM

Re: Statute barred debt-court claim

Originally posted by tinati View Post

I filled in my defence on the 19th of January 2017. I haven't heard anything from the court just from Lowell solicitors responding to my defence I filled in on the claim form.

If you filed your Defence on 19th January you should have received a letter from NCCBC a few days later telling you that this was now seen as a "defended" claim and that they had sent a copy of your Defence to the Claimant who would be given 28 to respond to the court. Did you get that letter?

Ring the court to check the status of the claim in the morning.

And definitely send that s.77-79 CCA Request to Lowells (who now own the debt) including the £1 postal order for the statutory fee. Send it by Royal Mail Recorded Delivery.

I would also send a CPR 31.14 Request to Lowells solicitors at the same time because you can ask to see the Default Notice if it's mentioned in the Particulars of Claim. Personally I'd ask for it even if it isn't mentioned but is referred to. This forum has a template letter for that too. It will need tweaking so ask for help if you need it.

Post up the POC (type out) removing anything which could identify you. Even if the claim has been stayed you might as well use the time to get all your legal ducks in a row.

Di

**tinati** · 5th March 2017, 15:09:PM

Re: Statute barred debt-court claim

Yes I received that letter on the 20th of January from the court and it does mention Lowell solicitors have 28 days to respond but haven't heard anything from the court since then. I also got a letter from Lowell solicitors on Tuesday and they were saying I should receive a directions questionnaire from the court but I haven't received anything as yet.

Thanks for the help

**Diana M** · 5th March 2017, 15:16:PM

Re: Statute barred debt-court claim

Originally posted by tinati View Post

I received that letter on the 20th of January from the court and it does mention Lowell solicitors have 28 days to respond but haven't heard anything from the court since then. I also got a letter from Lowell solicitors on Tuesday and they were saying I should receive a directions questionnaire from the court but I haven't received anything as yet.

Okay so that sounds like the claim wasn't stayed, or it was stayed but Lowells have subsequently paid the fee to lift the claim out of stay so you will get a DQ in the mail from the court.

You need to get that CCA Request in the post pronto, and then depending on what happens next you may need to seek permission to file an Amended Defence. Lowells can consent to this if they want otherwise you may need to make an Application to the court.

Di

**tinati** · 5th March 2017, 15:16:PM

Re: Statute barred debt-court claim

Can you also help me with the link for CPR 31.14 can't find anything, thank you

**tinati** · 5th March 2017, 15:20:PM

Re: Statute barred debt-court claim

Ok will post out CCA first thing in the morning and also ring the court for an update. Thanks

**charitynjw** · 5th March 2017, 15:31:PM

Re: Statute barred debt-court claim

Links to both the CCA & CPR templates can be found here - http://legalbeagles.info/forums/show...it-Court-Claim

**tinati** · 13th March 2017, 13:42:PM

Re: Statute barred debt-court claim

Hello, I have contacted the courts and they said Lowell solicitors did not respond in the 33days, so the case will just stay until they give a reason as to why they did not respond on time. As of today Lowell solicitors haven't paid the fee or given any reasons for the case to be lifted. So is it just going to be a waiting game for now? How long can a case stay for? I also posted out a CCA on the 6th of March but haven't yet anything from Lowell solicitors. Do I still need to send a CPR to Lowell solicitors?

**Amethyst** · 13th March 2017, 13:52:PM

Re: Statute barred debt-court claim

The CPR request would go to the solicitors yes, so if you haven't already done so yes I would get the CPR 31.14 request off to them now, and tell them you have submitted a formal CCA request to Lowell directly as creditor. You could also point that they appear to have missed the deadline to respond to your defence, that the claim is now stayed and they will need to apply to lift the stay, but that your defence stands as the debt is considered statute barred possibly inviting them to withdraw now to save any further costs in the case. ( You COULD apply to have the claim struck out so legitimately you could be adding a £250 application fee to their costs bill)

The claim otherwise could stay stayed forever until they come up with documents/evidence it isn't stat barred.... so you could just leave it be, but I know it can feel like a weight round your shoulders ( I've currently got one stayed against me, and haven't decided yet what to do with it)

**tinati** · 13th March 2017, 14:34:PM

Re: Statute barred debt-court claim

Ok for now will post out the CPR request and wait for their response. I will also wait to see what happens next before I apply for the claim to be struck off.
Thank you very much for the help, I hope to wake up one day and all this is solved in my favour, it will be such a relief! 😃

Thank you!

Statute barred debt-court claim