CCJ Claim form for 7 year old debt

[thegm]

Hi I have received a CCJ claim form from a debt over 7 years old, below are the full details.

Issue date 12th April
Amount £1469.62
Claimant: Lowell Portfolio Ltd
Solicitors: Lowell Solicitors Limited
Original Creditor: Express Gifts Limited (Studio)
Particulars of claim:
1) The defendant entered info a consumer credit act 1974 regulated agreement with Express Gifts Limited Studio under account reference xxxxxxxxx ('the agreement')
2) The defendant failed to maintain the required payments and a default notice was served and not complied with.
3) The agreement was later assigned to the Claiment on 18/05/2015 and notice given to the defendant.
4) Despite repeated requests for payment the sum of £1221.87 remains due and outstanding.
And the Claiment claims
a)The said sum of £1221.87
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.268, but limited to one year, being £97.75
c) Costs

I have made no contact with either company for over 7 years, how would I be able to check if it is statute barred?

Any help would be appreciated.

Jeremy.

[jon34]

Re: CCJ Claim form for 7 year old debt

From what you have said so far it could well be staued barred. and this could be a complete defence against this claim.

Lotts of Helpfull people on here.


Just wait and there will be lots of assistance.

[MIKE770]

Re: CCJ Claim form for 7 year old debt

First Steps

- - - Updated - - -

First Steps

CCA Request || CPR 31.14 Request

@DianaM - Updated -

[thegm]

Re: CCJ Claim form for 7 year old debt

Hi, Thanks for the help, I have done everything as stated in the steps on 25th April, I haven't received any response from Lowell's.

What do I need to do know with regard to the CCJ Claim?

Thanks.

[MIKE770]

Re: CCJ Claim form for 7 year old debt

Defence Example

[charitynjw]

Re: CCJ Claim form for 7 year old debt

SAR Express Gifts.
http://legalbeagles.info/forums/show...quest-template
Your defence is due by 15th May, so it would be wise to wait until nearer that date to file it just in case the Claimant/sols manage to provide the requested compliant documentation.

[thegm]

Re: CCJ Claim form for 7 year old debt

Hi, I have received a letter off them today to confirm request of documents, in it they now state my account will remain on hold until the requested documents have been received. Do I still need to put in a defence?

Thanks again for your help.

[MIKE770]

Re: CCJ Claim form for 7 year old debt

ignore their statement do ther defence

[charitynjw]

Re: CCJ Claim form for 7 year old debt

Hi, I have received a letter off them today to confirm request of documents,
From whom?
The Claimant?
Their solicitor?
Is it in response to your CPR request, or to your CCA request? Or both?
in it they now state my account will remain on hold until the requested documents have been received. Do I still need to put in a defence?
Yes.
Unless an extension to the defence deadline has been agreed between yourself & the Claimant, & you (Defendant) have informed the court of this, your defence is due to be filed at court 33 days from the claim issue date.

Thanks again for your help.

####

[Kati]

Re: CCJ Claim form for 7 year old debt

I agree with [MENTION=3599]MIKE770[/MENTION] ... their "on hold" means nothing to the court timescales, best to put in a defence

[thegm]

Re: CCJ Claim form for 7 year old debt

I'm not very good at this, so what should I put in my defence? sorry if i'm missing something here

[Kati]

Re: CCJ Claim form for 7 year old debt

Here's an example defence - http://legalbeagles.info/forums/show...t-Court-Claims
have a play around, edit it to suit then post it up here for the Beagles to look over before you enter it xx

[thegm]

Re: CCJ Claim form for 7 year old debt

Hope this is ok?

[Diana M]

Re: CCJ Claim form for 7 year old debt

Hope this is ok?

You've left the claim number on your Draft Defence which can identify you. You need to remove the upload.

Di

[Diana M]

Re: CCJ Claim form for 7 year old debt

I have received a letter off them today to confirm request of documents, in it they now state my account will remain on hold until the requested documents have been received.

Good. You now have a letter acknowledging your request (CCA or CPR 31.14?) which confirms (a) they've received it and (b) they don't have the document in their possession.

Di