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Pre-action protocol - Impact on the limitations act

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  • Pre-action protocol - Impact on the limitations act

    Hi,

    I've been reading through various threads, great site, very informative.

    I do have a query I can't answer myself through my searches however so hope someone could kindly give me some input.

    I have a debt that would be statute barred in 60 days, given the requirements in the pre-action protocol, mainly the 30 days to reply followed by 30 days to seek advice. Will I have avoided a CCJ and pretty much be in the clear now?

    Or does a Letter of claim pause the clock?

    Many thanks.
    Tags: None

  • #2
    Hi there, Sorry to have missed your post until now.

    So long as your response to the pre-action letter doesn't acknowledge the debt you should be okay. Only issuing a claim ( or making a payment or acknowledging the debt) stops the clock.

    So for example you could tick Box C " I don't know whether I owe this debt" - ask for further information/documents via Box I and state you are seeking advice ( assuming you actually are ).

    It is however likely if they have send the Letter of Claim now they know it is soon to be SB so I would expect them to file a claim regardless before the 6 years date.

    What date are you considering as the cause of action date ? last payment / default ? what kind of debt is it etc.
    Away till 25th May xx

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    SHORTCUTS

    Pre-Action Letters
    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Witness Statements
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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