I received a letter from Northampton court business centre regarding a debt claim from Lowell solicitors. The original debt was from 2009 and the last time I had any correspondence from the original loan company was may 2010 when I wrote to them after legal advice asking for the debt to be written off. At that time my house was being repossessed due to business failure so I was advised to write to my creditors asking for my debts to be written off. I received the letter from the court a month ago, 6 years and 8 months from my last correspondence. After advice, I acknowledged the claim on the MCOL service and defended the debt due to it being what I understood to be statute barred under the 1980 limitations act. I received a second court letter about 2 weeks ago with a defence form which I filled in stating I did not want independent mediation due to the statute limitations I believe are in my favour. I have now received a 3Rd court letter saying the case has been referred to my local county court and to wait to hear from the procedures judge. My question and concerns are, what is likely to happen next? Am I correctly informed the debt is statute barred? Do I have a case to answer? What should I do next? Sorry for the long winded ramblings, any advise greatly appreciated. Thanks. Jerry
Lowell court action on historic debt ( statute barred?)
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Re: Lowell court action on historic debt ( statute barred?)
Hi Jerry
Difficult to answer your questions from the info we have here. Limitation is a difficult issue, the agreement may well include terms which could lead to limitation being affected.
I think what you need to do is get a copy of the agreement / contract that this claim is based on first, so we can see what we are dealing with hereI work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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