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Statute Barred Timing?

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  • Statute Barred Timing?

    Does anyone know the exact point the timer stops on something becoming statute barred?

    Is it once a letter before claim is issued or once the actual court proceedings begin?

    I've started receiving letters from Lowell about an apparent debt that will be 6 years old in a month, it's life destroying in my current situation and I know Lowell can be very deceptive and sneaky.
    Tags: None

  • #2
    They have to file a claim with the court within six years of the Default Notice or last payment made, which ever is the latter.

    Pre Action Protocols say they have to give you 30 days to respond to a LBA, that'll be why they have sent it you now.

    As you haven't said what the alleged debt relates to it is not possible to say what you next course of action might be.
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

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    • #3
      Issue of court proceedings (in fact the date on which the papers are received in the court office for the issue of a claim).

      In your case: sit tight. But not that it can take the court office a few weeks to process claims received to be issued.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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      • #4
        Pre Action Protocols also say that a claim must be issued to avoid being time barred.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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        • #5
          Thank you. I'll hang on for now and see what they send and update here. It's allegedly Barclaycard that it relates to.

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          • #6
            They've sent me a 20% discount letter. Only 2 weeks to go until the statute barred date. Does this mean I'm safe?

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            • #7
              no last attempt?

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              • #8
                I just mean that's their latest letter. I'm not making any contact with them unless it's court related.

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                • #9
                  Originally posted by Spoony View Post
                  Thank you. I'll hang on for now and see what they send and update here. It's allegedly Barclaycard that it relates to.
                  Not yet, they have until 4pm on the very last day of the six years to file a claim. You're not safe until I'd say 4 days after the Statue Barred date and not in receipt of a claim form.
                  COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                  My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                  Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                  Comment


                  • #10
                    Originally posted by jaguarsuk View Post

                    Not yet, they have until 4pm on the very last day of the six years to file a claim. You're not safe until I'd say 4 days after the Statue Barred date and not in receipt of a claim form.
                    Ah, the date I apparently have to take the discount by is the 26th, the default date is the 27th. Any suggestions? Hold on still?

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                    • #11
                      They have in fact until midnight on the last day to get papers into the court office.
                      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                      Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                      Comment

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