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Too late for help? CCJ defence - Statute barred
Hi all
I'm desperate for a bit of help, i've received a county court claim form that I am trying to dispute but I'm rapidly running out of time!
Basically I believe the debt to be statute barred, the particulars of the claim suggest the unsecured loan was in default "on or about the Dec 05 2008", the date on the money claim form is the Dec 02 2014, so just under 6 years according to the claim.
However, i'm convinced it has gone over 6 years! I was away when I received the paperwork but just about got in on time to extend to 28 days (Today!)
I have sent them the following letter recorded delivery on the 16/12 however haven't received a reply:
The letter was a template sent to me by the national debt helpline, they advised me to speak to the CAB but I haven't been able to get in touch with anyone from here as of yet.
I'm at a bit of a loss now on what to do! I can't find any help anywhere on what to write on my defence and I don't have much time left, any advice on what to write or if there are any services I can phone to get some help would be greatly received.
Thanks
Chris
I'm desperate for a bit of help, i've received a county court claim form that I am trying to dispute but I'm rapidly running out of time!
Basically I believe the debt to be statute barred, the particulars of the claim suggest the unsecured loan was in default "on or about the Dec 05 2008", the date on the money claim form is the Dec 02 2014, so just under 6 years according to the claim.
However, i'm convinced it has gone over 6 years! I was away when I received the paperwork but just about got in on time to extend to 28 days (Today!)
I have sent them the following letter recorded delivery on the 16/12 however haven't received a reply:
Without prejudice
Dear Sir/Madam
Account No:***
You have contacted me regarding the account with the above reference number, which you claim is owed by myself.
I would point out that under the Limitation Act 1980 Section 5:
“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”
I would point out that in their Consumer Credit sourcebook, the Financial Conduct Authority states the following rules:
"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4
"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8
The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.
I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
I look forward to hearing from you
Yours Faithfully
Dear Sir/Madam
Account No:***
You have contacted me regarding the account with the above reference number, which you claim is owed by myself.
I would point out that under the Limitation Act 1980 Section 5:
“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”
I would point out that in their Consumer Credit sourcebook, the Financial Conduct Authority states the following rules:
"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4
"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8
The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.
I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
I look forward to hearing from you
Yours Faithfully
The letter was a template sent to me by the national debt helpline, they advised me to speak to the CAB but I haven't been able to get in touch with anyone from here as of yet.
I'm at a bit of a loss now on what to do! I can't find any help anywhere on what to write on my defence and I don't have much time left, any advice on what to write or if there are any services I can phone to get some help would be greatly received.
Thanks
Chris
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