Statute barred defence

[Emma15]

Hi,

I received a claim form and filed an AOS.
I want to fully defend the claim on the basis of statute barred.

I have read the defence template but this asks for copies of the agreement etc. If I purely want to defend on the basis of SB, do I still need to add these to my defence? Do I also have to write to the claimant (Lowell) or can I just make the defence and wait their response via the court?

Thanks in advance!

[Emma15]

Sorry, here is further info on it:
Received a claim? Yes/No: yes
Issue Date: 16th April
Have you Acknowledged the Claim?: yes
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £1,300
Claimant’s Name: Lowell
Solicitors Firm: Lowell Solicitors
Original Creditor: Littlewoods
Original Debt (eg. Credit card/Loan/Overdraft): catalogue
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
1) The Defendant opened a Littlewoods regulated consumer credit account under reference #### on 10/08/2008 (‘the agreement’)
2) In breach of the Agreement, the Defendant failed to maintain the required payments and Agreement was terminated.
3) The Agreement was later assigned to the Claimant on 01/03/2010 and written notice given to the Defendant.
4) Despite repeated requests for payment, the sum of ##### remains due and outstanding. And the claim ain’t claims
a) the said sum of ###
b) interest
c) costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): no
List any letters you have sent (eg: CCA/ CPR ): none
Any Other Information or Background Details: N/A

[charitynjw]

Hi & welcome to LB

Imho it is best to mention every possible defence point that you can.
Especially those that rebut the Claimant's claim (Particulars of Claim)
If you do not do so, it will be taken that you 'agree' (or do not contest) those other assertions.
So, belt, braces & a bit of string!

[jaguarsuk]

Hi & welcome to LB

Imho it is best to mention every possible defence point that you can.
Especially those that rebut the Claimant's claim (Particulars of Claim)
If you do not do so, it will be taken that you 'agree' (or do not contest) those other assertions.
So, belt, braces & a bit of string!

All I'd add to this absolutely spot on advice is that you only get one chance to file a defence. You can amend it later, but it costs you money, so why not get everything in now for free?

Send off the CPR 31.14 and CCA letters to them as well, make them do some work for the nothing they are going to receive. I'd add in CPR31.14 letter you believe the matter to be stat barred, so if they discontinue the claim they can be relieved of having to comply with either letter.

Also, if it gets to a point of a hearing you can claim costs for unreasonable conduct as you alerted them right away of it being stat barred and gave them a way out without wasting the time/resources of the court.