Mortimer Clarke statute barred response

[Clemspoons]

Hi , I have received a response from a statute barred letter sent to Mortimer Clarke and I am required to respond.

Very short run down of current events,

Mortimer Clarke chasing an old debt I last made payment on 09-04-2020

Default notice was made 9th September 2020

Formal demand 13th October 2020

Pre action letter received August 2025

CCA request made by myself 28th August 2025

CCA response February 2026

Another pre action letter sent 15th April 2026

Statute barred template letter sent by myself 17th April 2026

Mortimer Clarke responded to this giving me 14 days before proceeding to court to obtain ccj.

Response outlines the debt initiated June 2017 terminated 13-10-2020 (formal demand date)

Given me statement of original debt and their statement of monies owed
Last payment clearly ( on statment) 09-04-202

My dispute ... Statute barred

Their investigation...

"We have reviewed original documents provided by the original creditor, copies enclosed

The enclosed documents confirm you entered into the unsecured loan, made use of the agreement and the amount remaining is £4681.16

You have all all elleged the debt is statute barred. Section 5 of the limitation act 1980 provides that an action founded on simple contract shall not be brought after the expiration of six years from which the date o cause of action accrued.

However section 29(5) of the limitation AC t 1980 states:

"Where any right of action has accrued to recover any debt or other liquidated pecuniary claim..... And the person liable or accountable for the claim (acknowledges the claim or makes any payment) in respect of it the right shall be treated as having a accrued on and not before the date of acknowledgement or payment "

The enclosed statement of account/default notice evidences that the cause of action accrued when the last payment was made on 09/04/2020 in the sum of £100. This payment/action was made within six years; therefore the outstanding debt is not statute barred.

.... I'm back .... I'm not sure on their math or my uneducated past but this letter was sent on 05/05/2026

My initial statute barred letter to.them was sent 16/04/2026

They clearly stated on response the last cause of action was 09/04/2020 in form of the last payment.

Can any body possibly elaborate as I have to respond within 14days and it's taken 4 days for this letter to reach me.

Many thanks .. (really so appreciate it)

[atticus]

You do not have to respond, but if you do you can correct their calculation of the passage of time.

[Clemspoons]

Many thanks for your prompt response,

So by not responding would one assume they will file with the courts for a ccj, then defend this in court? Or are they looking for an acknowledgement of debt to restart said 6 year period.

Thanks

[atticus]

An acknowledgement of debt cannot be used to reset time once limitation has expired.

I recommend you to write.

[Naoko]

"Default notice was made 9th September 2020"...

Is it actually statute barred? It doesn't seem to be the case to me.

[Clemspoons]

Thank you Atticus I will endeavor to respond to them.

Naoko,

This was my initial view from what I understood but was looking to gain some time on the matter and sent the statute barred template letter as some say cause of action is from last payment others say from default date..

In their response to said letter they have claimed the cause of action to be the last payment of £100... (How I read response as above)
But also written in the last paragraph of their response the date of 09/04/2020 .. this is more than 6 years so be it only the matter of 8 days after said cause of action date.

[atticus]

Naoko is using the bizarre American way of writing dates. 9/4 is of course 9 April using d/m/y format.

[Naoko]

I'm not changing the dates. In the post #1, the OP wrote: "Default notice was made 9th September 2020"

If the default notice was indeed issued in the September 2020, then the debt is not statute barred.

[atticus]

Sorry, It seems that both the OP and I missed that and focussed on the 9/4/2020. As I keep telling my students, attention to detail!

[Clemspoons]

Thanks both mabie I should let it run it course, I was just focused on the date of 9/04/2020 in my response as they didn't state the default date in the statute barred response letter only the cause of action date of 09/04/2020 and then proceeded to claim this date was within 6 years.


I'm assuming if this was a mistake not to state the default date they can correct themselves in further communication prior to making a claim.

Thank you both