Defending CCJ - on statutory barred grounds?

[Dappled00]

Defending CCJ - credit card with Halifax now with Debt agency - since 2018 I am defending on the grounds of Statutory barred - there have been letters over the years and for various reasons at the time I didnt respond - I believe the last payment to them was end of 2015. I have received a 'sales file data' print out it doesn't indicate last payment or my communicating with them - Hoist took debt over in 2018. Sales file data states 'date of default notice issuance Feb 2016' - do I realistically have grounds to have this dismissed as I have made no contact?

[atticus]

You say you are defending a CCJ. Has a county court judgement been given against you?

If it is just that a court claim has been filed, what was the date of the claim?

[Dappled00]

Defending CCJ - credit card with Halifax now with Debt agency - since 2018 I am defending on the grounds of Statutory barred - there have been letters over the years and for various reasons at the time I didnt respond - I believe the last payment to them was end of 2015. I have received a 'sales file data' print out it doesn't indicate last payment or my communicating with them - Hoist took debt over in 2018. Sales file data states 'date of default notice issuance Feb 2016' - do I realistically have grounds to have this dismissed as I have made no contact?

Hello Atticus - no judgement as yet. Original date of claim 8/3/22 ( + 5 + 14 to respond) I entered online plan to defend, sent off CCA request to solicitor and finance co. A copy of original agreement was provided 2012 and copy of assignment 12/2018, also 'general account information' sheet. It states - 'date of default notice issuance' - as 29/2/2016

[atticus]

On that information, you could cite the Limitation Act 1980 / statute barred as a ground of defence. But if the claim form was received at the court office for issue on or before 28/2/2022 then the case appears to have been brought in time. Sometimes the date of issue is some time after date of receipt by the court. It is the date the court received the claim form for issue that is important.

NB the 6 year period runs from the date the 'cause of action' became complete - in cases like this, that is the date of the default notice.

[atticus]

NB it would be advisable to have a fall-back defence in case the limitation argument fails.

[des8]

6 year period runs from the date (specified in the default notice) by which the debtor had to remedy the default
(Doyle v PRA Group (UK) Ltd (2019)EWCA Civ12).
Very often that is two weeks after the issuance of the default notice, so if your default notice was issued at the end of Feb 2016 and the claim was issued 8th March 2022 a defence of limitation might well fail, so as atticus look for a back up defence and check dates carefully

[atticus]

Thanks, I overlooked the date for compliance. That Doyle case is very clear, but often means that time starts running later than people think.

[Dappled00]

Thanks for both of your feedback. I am struggling to know what to do for the best. It looks like the debt agency know they can win this based on the dates between default and filing claim - a matter of a couple of weeks it seems otherwise why would they risk filing against me? What are my options - feel paralysed to know what to do - continue to defend or fold now?