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Lc asset 2 claim form for statute barred debt

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  • #31
    No payments, no acknowledgment, defence was submitted in to court back in June and nothing has happened since until this letter today.

    Comment


    • #32
      Send them the following:

      'Without Prejudice Save as to Costs'


      Dear Sir / Madam

      Thank you for your letter received on XX/XX/XX.

      Your comments have been noted.

      The alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years. In light of this I invite you to withdraw your County Court Claim, Ref: XXXXX against me.

      I look forward to hearing from you.

      Yours faithfully

      XXXXXX

      Make sure you get Proof of Postage.

      Comment


      • #33
        Why do you suggest marking this letter "without prejudice"?
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #34
          Originally posted by atticus View Post
          Why do you suggest marking this letter "without prejudice"?
          Because it's to try to reach a 'settlement'.

          Comment


          • #35
            No, it's to tell the claimant to drop the case. There is no element of compromise in this. What would the sender be offering by way of concession?
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment

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