county court claim

[nafesa]

Hi
I received a county court claim for an egg card I had 9 years ago and defaulted on it in november 2009 when I was made redundant. and did not make any payment or acknowledgment since.
I have acknowledged the claim today as it was the 14th day and in the narrative section of response just mentioned as below

"Dear SirsStatute barred debtI do not admit liability for this debt, and I do not intend to make any further payments to it forthe following reasons: The earliest point at which you could have sued for the full balance owing to this debtwas more than six years ago No payment has been made to this debt by me, any joint account-holder, or any thirdparty acting as my agent for a period of more than six years No written admission of liability for this debt has been made by me, or any third partyacting as my agent for a period of more than six yearsThis debt is therefore statute barred and any court claim to recover it will be defended on thisbasis.If you have evidence that this debt isn’t statute barred, please send it to me within 21 days.Otherwise, please confirm in writing that you won’t pursue me further for this debt"

moreover mortimer contacted me last year for the same loan and I sent a CCA request which they only came back to me after 11 months .
I did not respond to them so the sent me county court claim
please advise wat to do next.
thanks
p.s
Do I need to contact the claimant too? asking them to prove the debt is not statute barred

[nemesis45]

Re: county court claim

Good morning, welcome to LB.

The " narrative " you have submitted will be sent to the claimant as the court will consider this to be your defence.

The claimant then has 28 days to respond to your defence.

You say you already have the agreement so can you please post a copy of that and the claim form after removing all personal information

I suggest the following ( as you have already made a defence).

Mortimer Clarke Solicitors

Date:

Ref: County Court Claim No.............................:

Sir/ Madam,

I have received and acknowledged service of County Court Claim No.................................. issued on behalf of your client Cabot............ ( full name of claimant as on claim form.

Having now check my credit history I have concluded that any such alleged debt is statute barred and unenforceable via court action, given this information I suggests that Mortimer Clarke now advises its client to discontinue this claim in the interest of saving costs and court time.

You are reminded that should your client contest the status of the alleged debt the onus of providing unequivocal proof that debt is not statute barred falls entirely upon your client.

Your prompt response would be appreciated.

Yours etc.

use signed for post check delivery date and signature.

nem

[nafesa]

Re: county court claim

Hi
Thanks for your help I have sent the letter out last week , Just to confirm having looked at my credit report the last payment made was december 2009 and court claim received was in june 2016 , so is it definitely stat. barred? or there is something else I need to look out for? No written or verbal acknowledgement of the debt was made since.
Please advise.

[charitynjw]

Re: county court claim

Have you received an acknowledgment of your defence from the court?

It would probably be wise to ring the court re the current status of the claim.

[nafesa]

Re: county court claim

yes I did receive acknowledgment stating the claimant have 28 days to respond or claim will be stayed.

[charitynjw]

Re: county court claim

The ball is in the Claimant's court atm; they have to respond to your (stat-barred) defence as per the court order.

Have you also sent a CPR 31.14 request to the Claimant's solicitors asking for all the documents listed on the particulars of claim (which is on the court claim)?

Do you have documented proof of your last payment to the account?

Have you checked that all the details on the copy CCA agreement are correct? (ie as at the time you made the agreement) & that any T&Cs sent to you are relevant for that time (plus any subsequent variations other than interest variations) & that they are complete.
In particular, look for anomalies such as any reference to a clause/term, but that term is not present on the T&Cs supplied.

You could post up copies of the documents (suitably redacted) as nem has suggested (above) if you wish.

Depending on the outcome of all this, you may need to consider amending your defence.