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Statute Barred?

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  • Statute Barred?

    Good Morning,

    I am looking for advice on how to respond to a County Court Claim that has been made against me.

    The original account was a mobile phone contract with Orange. Lowell's are persuing the claim and have stated to me that the default date on their records is down as 15th May 2011, however, after contacting my bank and going through ALL of my bank statements the last date I made a payment to Orange was 4th October 2010 and neither Lowell's nor Orange have received payment or contact from me since then. My understanding is that as it over 6 1/2 years since I last made a payment/acknowledged the debt this is now statute barred and for this reason I am planning to defend the claim.

    The thing I am looking for guidance on is how to phrase it on the defence form to state that it is statute barred and do I still have to be careful not to admit liability for the debt on the defence form and whilst in court if it goes that far?

    Any help would be greatly appreciated.

    Ant
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  • #2
    Re: Statute Barred?

    Hi Ant & welcome to LB.

    For the purposes of s5 Limitation Act 1980 it is necessary to pinpoint the date of the 'cause of action'.
    There are differing rules for different types of debt.
    For mobile phone debts it is often the date on which the contract ended that is applicable, not the date of missed payments.
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