Discontinued Court claim

**Morlock** · 8th November 2018, 15:54:PM

It does not matter if your previous partner has not been pursued for the debt, as it is a joint account, you are joint and severally liable which means that both of you are liable for the full amount. Both or either one of you can be pursued for the full amount.

If your previous partner made the payment to to the debt collection agency, that would not affect your statute barring limitation period of six years, only your previous partner's. If you made the payment, that is the date from which your limitation period would start from unless you have admitted to the debt in writing at any other time.

If you are certain the debt is statute barred, that is your defence to a county court claim. Once a claim is made, you will be sent a response pack and that will provide the form which you need to fill in to defend the claim on the grounds that the debt is statute barred.

**Michelle--** · 8th November 2018, 16:22:PM

Thanks for the reply, the previous company say the last received payment made on this said account was in October 2012, they are unable to provide details of which or who's account this payment came out of as they do not have that information on their system which I find confusing. Would I be right in thinking statue barred starts from the last payment? Both myself and ex has only written to say we dispute the debt. So even if I did make a payment in the October which both I and my ex did not from what I gather it would be statue barred? Thanks again for the reply, much appreciated.

**Morlock** · 8th November 2018, 17:43:PM

Originally posted by Michelle-- View Post

Would I be right in thinking statue barred starts from the last payment?

The six year statute barring period runs from the date which the account defaulted or if any payments have been made since then or the debt was admitted to in writing, from either of those two dates.

Whether or not it is statute barred would depend on the date which the payment was made and when the county court claim was submitted. If the last payment was made on 31 October 2012, the 6 year statute barring period would be from that date so it would be statute barred on 31 October 2018.

If the payment was made on the 31 October 2012 and the county court claim was submitted before 31 October 2018, it was not statute barred when the claim was submitted, which is possibly why you are being pursued now if statute barring was imminent.

**Michelle--** · 8th November 2018, 18:05:PM

Thanks again for the reply, I received a default for this debt in 2010 (just me not ex), no default notice or anything. This has now since been removed from my credit file. Having contacted the previous collection agency the last payment was in October 2012, but nobody has any information who paid this as they have no bank account details on the system, they are just saying that this is the last known payment on this account. The court claim has just been issued by the claimant in November, so would be after 6 years of the last payment. I've disputed the debt and explained all this to the current claimant but it just appears to be falling on deaf ears. Thanks again, michelle

**Morlock** · 8th November 2018, 18:28:PM

The debt collectors may be relying on a default judgement if they are going ahead with the claim when it is statute barred. If you do not defend the claim, it is likely a default judgement will be granted against you for a CCJ. You will have to make certain that you reply to any county court claim within the time limits and submit your statute barred defence. Remember that if you did not make the payment but your previous partner did, that does not reset the statute barring period for you, only for your previous partner.

**Michelle--** · 8th November 2018, 18:47:PM

Thanks very much for your help. He has not made a single payment or anything at any point and the last known payment on the said account was October 2012. The default was definitely given to me in 2010 without any notice etc. I find it very confusing they are saying the last known payment was in oct 2012 but they have no information about which person, bank etc it was from, it was just showing as a payment. As soon as I receive the claim paperwork I'll reply asap and go from there, I came across this site and the brilliant content so I thought I'd pick people's brains, really glad I did now. Thanks again.

**Michelle--** · 9th November 2018, 14:20:PM

Oh well, the claim form replied today. I'll be puttting the statue barred as part of my defence for this overdraft debt. Should I be doing any other things? Again any advice is much appreciated as I'm really naive to all this. Thanks in advance, Michelle

**Morlock** · 9th November 2018, 16:14:PM

All you need to do is fill it out and send it to the court within 14 days. You should make a copy of it to keep for your records and post it by recorded delivery or at least ask for proof of postage at a post office as evidence that you have sent it within the time frame.

**Michelle--** · 9th November 2018, 16:52:PM

My ex partner also recived a separate letter although his names on the front of mine. Does he also have to reply? Both claim numbers are the same. Thanks again.

**Morlock** · 10th November 2018, 16:03:PM

In some cases it is possible that the debt is statute barred for one defendant but not the other so you should both defend the claim. Your ex partner should also fill out the response pack and send it back or may end up with a default judgement resulting in a CCJ.

Can you confirm that the overdraft was not secured?

**Michelle--** · 11th November 2018, 06:53:AM

Hi again, as far as I am aware the overdraft was not secured.

**ostell** · 11th November 2018, 09:26:AM

As you have a claim form then the first thing to do is acknowledge it online using the details and password on the front of the claim form. Do not put anything in the Defence portion of the form. You will then get 33 days from the date of issue of the claim form to submit your defence to the court. So plenty of time to formulate a defence. I'm sure the forum will help.

Send a SAR request to the claimant for all documents that they have concerning you. Here's a template May help define some of the dates. First class post and free certificate of posting from a post office.

Your ex partner needs to do the same.

**Michelle--** · 11th November 2018, 11:20:AM

Fantastic, thanks everybody for your help so far. Michelle.

**Michelle--** · 12th November 2018, 09:59:AM

Acknowledgment of service submitted online with intent to defend all of the claim. I will send a sar out today to the bank. Is there anything else I immediately need to do?. Again thanks for your help, the little snippets of advice is making this process a lot easier to handle. Thanks again Michelle.

Discontinued Court claim