Tweet
No payments, no acknowledgment, defence was submitted in to court back in June and nothing has happened since until this letter today.
Loading...
-
-
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
-
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.
Guides and handbooks for Litigants in Person - :
https://legalbeagles.info/forums/for...60#post1701560Comment
-
-
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.
Guides and handbooks for Litigants in Person - :
https://legalbeagles.info/forums/for...60#post1701560Comment
-
If the Claimant disregards the Statute Barred letter and the case continues, there might be costs.Originally posted by atticus View PostComment
-
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
-
-
O.K. if they believe they have a case, let them 'lift the stay'.Originally posted by Star45 View Post
Your case is still that the debt is 'statute barred'.Comment
-
Should I send the Statute barred letter above or would this just be the waste of a postage stamp at this point? Last movement on the court case was when I filed my defence back in June last year,Comment
-
No, but it's been over 6 month's since the case was stayed, so you can object to the stay being lifted, the Creditor has had ample opportunity to do that, but choose not to.Originally posted by Star45 View Post
You'll need to do a Witness Statement, we can suggest things, but you'll have to do it as it's your Witness Statement.Comment
-
-
And this if it helps at all. I knew nothing about the stay and lift in December as received nothing on it IMG_0935.jpegComment
-
Update the thread when you get correspondence.
So you'll need to do a Witness Statement against the stay being lifted.
Comment
-
Can I ask that is the is a normal thing to happen? For them to do nothing for over a year and half and then this?Comment
Comment