Court claim on statue barred debt

[Summer120]

Received a court summons to what I think is a statue barred debt. This is been done by Lowell’s even though I sent them an official letter saying the debt was state barred and not to contact me again I have received a court summons. I have sent back the court summons requesting 28 days. The letter from Lowell’s them stating response to pre action issued on the 25th of November this is when I asked for SARS information on the paper work it states last payment made towards this acc was 13/02/2012 (this payment never went through) and the acc then defaulted September 2012. Worried as on the paper work it states final charge off 03/06/15 I don’t understand what this means? This under all payments received or not received can you please help

[jaguarsuk]

The final charge off date is likely the date the original creditor wrote the debt off their ledger, probably the date Lowell bought it.

You need to be careful when defending, don't put all your eggs in the Stat Barred basket and defend on as many points as possible.

If the last payment was to the creditor on Feb 2012 that doesn't mean the default date is automatically a month after it and so you need to check your credit file to see what the default date is. Stat Barred is from the date of last payment or default date, whichever is the latter.

Basically if this date is still on your credit file then it's unlikely it's stat barred.

You haven't stated the date on the claim form, but you have acknowledged service by the sounds of it and have 33 days from the date on the claim form to file a defence.

How soon is that deadline?

These are your next steps:

1. Send the Solicitor a CPR 31.14 Request
2. If the debt is for credit (loan, card, catalogue etc.) send the claimant a CCA Request enclosing a cheque or postal order for £1 with "CCA 1974 STAT FEE ONLY" marked across the front.
3. Send a Subject Access Request Letter to the original owner of the debt.

Make copies for your records.

It won't hurt to start your defence using the Example Defence either, it's not a rush job then close to the deadline.

[Summer120]

Hi thank you so very much for your reply, I’ve defended it and requested a crp but Lowell has replied that they don’t need to discloser of documents under cpr16.4 with the particulars of claim further more under CPR 31.11 which applies to disclosure of documents does not apply to small
claims court. The courts haven’t said it’s a small claims yet. They have said I need to respond but not sure what to do. They did send two copies of letter sent by them one saying to contact them about said debt the other is notice of acting. And they also sent the original contract and payments made. It’s not on my credit file so I can’t see it. In their original letter when I requested it before they took it to court it says the account defaulted due to failure of payment September 2012 I sent a letter to them after I received this saying I believe the debt to be statue barred which they never replied to but instead got the court summons.