Change of defense

[Redower123]

Hi everyone, I entered a defense to the small claims court in November 2014 for a credit card debt that had been passed to Brian Carter. I didn't hear anything back until this year from the court giving me a hearing date. However in the mean time I believe the debt has become statute barred as no payments were made or debt acknowledged and the default has been removed from my credit file. Can I change my defence and is the statute barred still valid even though they had started proceedings against me? And what evidence can I use to prove it's statute barred?

[Amethyst]

Re: Change of defense

Unfortunately once a court claim has been issued it stops the clock for statute barring. Therefore if the debt wasn't statute barred when they brought the claim, if the claim wasn't struck out or withdrawn, the debt won't be statute barred now.

Could you give us a bit of background on the debt, claim and what your defence was at the time ? Have you had a directions questionnaire or any documents from the claimant or court between your defence and receiving a court date ?