Simple procedure notice of claim

[Crbtt88]

Hi, wondering if anyone can advise.

my wife recieved a Simple procedure notice of claim from Nolan’s acting on behalf of Cabot for £1198.*
the notice itself went to her mothers house -which is her previous address- and her mother accidentally signed for it not checking the name.
the for details the last payment being made on 05/04/2015...the last date for service is stated as 27/03/2020 and last date for response states 17/04/2020.Am I right in thinking if She doesn’t respond until after 04/04/2020 it will be time barred and therefore dismissed?

any help would be greatly appreciated.

[Nostrus]

In order for it to become time barred, the creditor must not have made contact in that five years. Unfortunately for your wife, they have and you would be hard pushed to prove that your wife was unaware of the debt when her mother signed for the claim form at her previous address.

At this point, after you obtain independent legal advice, your (reasonable) choices are to a) defend the case if your wife doesn't believe that the debt is true, b) respond to the claim form offering to pay in instalments or c) pay it in full.

Note that if you do not respond, then in all likelihood a decision will be granted in her absence, as the court will take it that because the claim form was signed for, your wife is aware of the case and simply didn't care. At that point, things will become significantly more difficult moving forward.

[ScottishSolicitor]

If the form has been signed for Nolans will obtain undefended decree most likely unless your wife lodges a response form. It would be interesting to know more about the background as I could offer an opinion on how likely or not various defences might be open to your wife. If this was of interest it would be best to send me a private message.