Statute barred debt - received a county court summons

[meerkatdebs]

Hi

I have received a court summons for an amount I know to be statute barred. Can you let me know the process for defending this claim please?

Many thanks

[charitynjw]

Re: Statute barred debt - received a county court summons

Hi meerkatdebs & welcome to LB.

You need to acknowledge the court claim (within 19 days of the issue date if it was via MCOL).

You will then have 33 days from issue date to submit a defence.
Exactly what that would be depends on a host of factors, which, without a fair bit of further info, it would be difficult to make comment.

[Diana M]

Re: Statute barred debt - received a county court summons

I have received a court summons for an amount I know to be statute barred.

That's good to hear (that the debt may be SB not that you've got a claim obviously )

Can you post up or type out the Particulars of Claim (removing your personal details) to see what the Claimant is claiming and why they think they have the right to claim it.

This debt may well be SB but it's always good to throw as many legal arguments as possible into the mix when it comes to a Defence just in case a DJ isn't persuaded by one of them.

Di

[meerkatdebs]

Re: Statute barred debt - received a county court summons

Hi

The claimants claim is for the sum of £633.09 being monies due from the defendant to the claimant under a mobile telecoms agreement regulated by the consumer credit act 1974 between the defendant and Everything Everywhere Limite under account ref XXXXXX and assigned to the claimant on 22/09/2014 notice of which has been given to the defendant. The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also incurs statutory interest pursuant to section 69 of the county courts act 1984 as a rate of 8% per annum (a daily rate of £0.14 from the date of assignment of the agreement to 22/09/2015 being an amount of £51.24

This account is no longer on my credit file and no monies have been paid making this debt statute barred.

***Edit.. The claimant is Lowells and the legal firm pursuing me is BW Legal

The original default date was 22/06/2010 and the last payment was December 2009. At no point since have I acknowledged the debt or made any payments.

[charitynjw]

Re: Statute barred debt - received a county court summons

Ok

The PoC states that it is a regulated agreement.
Is that really the case? & if so, how?

[meerkatdebs]

Re: Statute barred debt - received a county court summons

Ok

The PoC states that it is a regulated agreement.
Is that really the case? & if so, how?

I have no idea... its just whats written on the claim. Its for a mobile phone debt so perhaps its because the handset was included so they consider that to be a loan against the value of the handset. Does it make a difference?

[charitynjw]

Re: Statute barred debt - received a county court summons

I have no idea... its just whats written on the claim. Its for a mobile phone debt so perhaps its because the handset was included so they consider that to be a loan against the value of the handset. Does it make a difference?

It may very well do.

Rather than get into complexities concerning the Consumer Credit Act (CCA), best to take the Particulars of Claim at face value (in that it is a regulated agreement) for now.
I would suggest that you acknowledge the court claim asap, & send a CCA s77-79 request + £1 fee to Lowells & a CPR 31.14 request (no fee) to BW. (I would also attach a copy of the CCA request - no fee with this one - with the CPR to BW stating 'for information only, CCA request sent to your client [Lowell] on [date]).
Details are here - http://legalbeagles.info/forums/show...it-Court-Claim
Also SAR EE for all data held - http://www.legalbeagles.info/forums/...ur-information

Mobile phone agreements are usually (but not always) service agreements, & so not regulated by the CCA.
As such it is much more difficult to pinpoint a trigger date for the start of the Statute-Barred period.
The SAR ought to reveal the truth.

Keep copies of all correspondence & get proof of posting.

Edit
Don't be surprised if they respond with "Ooops....it's not a regulated agreement"

[meerkatdebs]

Re: Statute barred debt - received a county court summons

I would suggest that you acknowledge the court claim asap, & send a CCA s77-79 request + £1 fee to Lowells & a CPR 31.14 request (no fee) to BW. (I would also attach a copy of the CCA request - no fee with this one - with the CPR to BW stating 'for information only, CCA request sent to your client [Lowell] on [date]).
Details are here - http://legalbeagles.info/forums/show...it-Court-Claim
Also SAR EE for all data held - http://www.legalbeagles.info/forums/...ur-information"

Thank you - Thats all done. So do i just wait to see what happens now?

[charitynjw]

Re: Statute barred debt - received a county court summons

It would be an idea to start getting all your ducks in a row.

Evidence of last payments made should be revealed by the SAR, but have you got any historic evidence on file? (ie bank statements for the relevant period).
If not, you may be able to get them from your bank for a small fee.
The more documented proof you have, the better you will understand & evaluate your legal position.

[meerkatdebs]

Re: Statute barred debt - received a county court summons

It would be an idea to start getting all your ducks in a row.

Evidence of last payments made should be revealed by the SAR, but have you got any historic evidence on file? (ie bank statements for the relevant period).
If not, you may be able to get them from your bank for a small fee.
The more documented proof you have, the better you will understand & evaluate your legal position.

I have .pdf's of old credit reports showing the last payment received and the default date.

[charitynjw]

Re: Statute barred debt - received a county court summons

Ok, so now wait & see what (if any) info turns up in response to your requests.

I did a quick search to see if there was any mention of Everything Everywhere (as was) historically offering CCA-type agreements, but couldn't really find anything conclusive.
Perhaps you could do a bit of sleuthing on that score.