**Discontinued**County court claim for Statute Barred Debt

[nemesis45]

Re: County court claim for Statute Barred Debt

I think you can perhaps amend if required? @nemesis45 @Amethyst

Yes the idea is to use the template as guide and amend to suit ones own case.

nem

[Nibbler]

Re: County court claim for Statute Barred Debt

@nemesis45 yes, but I meant after the defence has been submitted, which it seems it has without mention of the issue of it possibly being statute barred.

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I have sent letters directly to them stating that the debt falls under statute barred but i didn't file it in my defence, will this be a problem?

AS above ^^^^^

[nemesis45]

Re: County court claim for Statute Barred Debt

@nemesis45 yes, but I meant after the defence has been submitted, which it seems it has without mention of the issue of it possibly being statute barred.

The solicitors have left the door open to you, still looking for documents and clarification send amended defence to sols and the court.

nem

[Kati]

Re: County court claim for Statute Barred Debt

Would they have to apply for permission to amend the defence??

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and would it cost anything?

[Nibbler]

Re: County court claim for Statute Barred Debt

Would they have to apply for permission to amend the defence??

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and would it cost anything?

£155? See chatbox.

[Kati]

Re: County court claim for Statute Barred Debt

[MENTION=77513]Marvins[/MENTION], you could try requesting the claimants/solicitors permission to amend your defence ... if they agree all well and good (there would be no charge would there [MENTION=6]Amethyst[/MENTION] :noidea. If they say no, I believe you'd have to apply to the court for permission (which could cost you £155 unless you qualify for fee remission)

[nemesis45]

Re: County court claim for Statute Barred Debt

@Marvins, you could try requesting the claimants/solicitors permission to amend your defence ... if they agree all well and good (there would be no charge would there @Amethyst :noidea. If they say no, I believe you'd have to apply to the court for permission (which could cost you £155 unless you qualify for fee remission)

Send them ab a

[Marvins]

Re: County court claim for Statute Barred Debt

The solicitors have left the door open to you, still looking for documents and clarification send amended defence to sols and the court.

nem

How should I word a letter in reply to the solicitors for them to possibly allow me to resubmit my defence?

Would I just send a letter asking for them if I can resubmit my defence and send them a copy of the updated defence or just clear it and get the approval from them and send the defence to the court and them a copy after they allow it?

Thank you Nem and everyone else for your input, you're all really helping me here!

[nemesis45]

Re: County court claim for Statute Barred Debt

How should I word a letter in reply to the solicitors for them to possibly allow me to resubmit my defence?

Would I just send a letter asking for them if I can resubmit my defence and send them a copy of the updated defence or just clear it and get the approval from them and send the defence to the court and them a copy after they allow it?

Thank you Nem and everyone else for your input, you're all really helping me here!

Submit to them with covering letter asking for them to agree and send
a copies to the court all by signed for post, you can mention that you are a " litigant in person " and you made some mistakes on the original defence.


Use signed for post.

nem

[Marvins]

Re: County court claim for Statute Barred Debt

Submit to them with covering letter asking for them to agree and send
a copies to the court all by signed for post, you can mention that you are a " litigant in person " and you made some mistakes on the original defence.


Use signed for post.

nem

I have amended my defence and I am ready to send, Is this okay for the covering letter and response to their last letter?

Dir Sir/Madam,

Thank you for your recent response to the defence put forward, I would like to take the time to explain that I am currently representing myself or “litigant in person” as it would be the legal and technical term.

I put forward a basic defence and made some mistakes with the original defence, I have amended the defence and would like to offer you a copy for your own records and to kindly ask that you forward a copy to your clients and to the county court first class recorded only for review.

Points to note from your most recent letter:

1. Paragraph 4 currently and only has ever stated that “The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.” So unfortunately I am unable to help you with this query

1. In regards to the particulars of the claim, these as such have not been proven by original documentation of evidence by a contract or agreement apparently signed by myself so I therefore find the alleged date to be false or untrue and that is why it was added to my statement of defence.

Please feel free to contact me regarding these matters anytime.

Kind regards,

[nemesis45]

Re: County court claim for Statute Barred Debt

You need to send a copy to the court and to the claimant yourself.
Formalise the covering letter.

Please find attached amendments to my defence as I am a litigant in
person I have made some errors in the original defence submitted.

Please accept the following amendments which have been copied to the.
court.
List the amendments

nem

[Marvins]

Re: County court claim for Statute Barred Debt

Thanks Nem, I'll let you know how it goes!

[Marvins]

Re: County court claim for Statute Barred Debt

You need to send a copy to the court and to the claimant yourself.
Formalise the covering letter.

Please find attached amendments to my defence as I am a litigant in
person I have made some errors in the original defence submitted.

Please accept the following amendments which have been copied to the.
court.
List the amendments

nem

I received a letter from Mortimer Clarke Solicitors over two weeks ago with them telling me the case was currently on hold while awaiting their clients instructions. (DLC.)

I don't really want to chase them up, is there anyway I could Apply to the court to have this case stuck out as more than 70 days has elapsed since they received a CCA and CPR 31.14 request to which they stated and promised they (DLC.) would forward all relevant documentation 21 days or before hand if they could.

Can I chase and how would I apply for the case to be struck out, or await a response from Mortimer Clarke?

[charitynjw]

Re: County court claim for Statute Barred Debt

I received a letter from Mortimer Clarke Solicitors over two weeks ago with them telling me the case was currently on hold while awaiting their clients instructions. (DLC.)

I don't really want to chase them up, is there anyway I could Apply to the court to have this case stuck out as more than 70 days has elapsed since they received a CCA and CPR 31.14 request to which they stated and promised they (DLC.) would forward all relevant documentation 21 days or before hand if they could.

Can I chase and how would I apply for the case to be struck out, or await a response from Mortimer Clarke?

[MENTION=55034]nemesis45[/MENTION] (just a nudge)

[MIKE770]

Re: County court claim for Statute Barred Debt

N244?