• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Lc asset 2 claim form for statute barred debt

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #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


            • #36
              Originally posted by atticus View Post
              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?
              If the Claimant disregards the Statute Barred letter and the case continues, there might be costs.

              Comment


              • #37
                Can they continue the case? The letter I got from the court confirming they have received my defence stated the claimant had 30 days to move forward with it and that was 5 months ago.

                Comment

                View our Terms and Conditions

                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                Working...
                X