Court Claim for statute barred debt

[Teddy B]

Hi I have just joined. I have reviewed the posts and you info looks helpful.
I have received a money claim court form for an old debt.
It is for the balance of a current account that went overdrawn during hard times.
this dates back to 2010. I did make payments towards the debt.
The last payment made was June 9th 2014.
I can pay it off, but morally don’t want to as it was all massive charges.
Can you advise on how I defend on statute barred please.
court Northampton
Bank Lloyds TSB acc opened 1987.
Debt Collector Cabot
Solicitors Mortimer Clarke.
amount £2200 approx plus court fee
thanks

[ostell]

Have you read the Statute Barred Letter in the Shortcuts on the right?

You acknowledge claim about 5 days after the issue date, nothing in defence. This gives you 33 days from the issue date to get your defence to court.

It looks statute barred so have you responded to their previous correspondence and told them that? Or have you just ignored?

[Teddy B]

Thanks for your reply.

I have ignored previous, which I now realise was stupid.

I called Mortimer Clark yesterday. I told them it’s statute barred.

They say I made a payment in 2017. However I seem to recall it was a refund from Lloyds they applied. Nothing I had asked for. I think it was following an audit of charges.

another letter I just ignored.

I have not communicated or paid anything since 2014 and it went to arrears 2009.

The balance is all charges on charges.

When I defend should I mention the alleged 2017 payment.

thanks

[ostell]

So ask them for proof of that payment, when it was made, how it was made, etc.

[Teddy B]

Thanks. I assume I do this in writing?

also when I put the defence in should I say about the alleged payment. It was only the lady at Mortimer Clark told me on the phone. I disputed this and am sure it was a refund of some kind, not requested by me.


I am 100 percent sure the last payment I made was June 2014 and have ignored all subsequent information.

Thanks again

[Bonne]

This is me this week I’m like you, payment received from Lloyds 2020 now going to claim from Marlin Europe/Mortimer Clarke in county court business centre in last payment 2014 February but now refund June 2020 what’s going on are they getting away with resetting the taking a cause of action on these refunds or are they not actions in court all help please

[Guest]

So ask them for proof of that payment, when it was made, how it was made, etc.

As always everything in writing, if a dispute arises there is proof in black and white. And send the letter with proof of posting.