Defence for Statute Barred Debt

[foxtrot]

Hi All
I have received a claim form for a statute barred debt and have prepared the following defence. Could someone advice if this is enough or too much or any other comments The claim was issued 03/01/19 by Northampton and I have already sent in the Acknowledgement of Service so must submit my defence by 03/02/19. I intend also to send a letter to the claimant stating that I believe that it is statute barred but not with so much detail

The Defendant received the claim xxxxxxxx from the County Court Business Centre, Northampton on 06/01/2019
The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years
This debt is therefore statute barred and any court claim to recover it will be defended on this basis.
I do not admit liability for this debt, and I do not intend to make any further payments to it for the following reasons:
- The earliest point at which the creditor could have claimed for the full balance owing to this debt was more than six years ago
- No payment has been made to this debt by me, any joint account-holder, or any third party 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 party acting as my agent for a period of more than six years
⦁ Last payment made to Tesco 01/11/2012
⦁ letter from Tesco dated 07/11/2012 with default notice for action to be taken to rectify the account no later than 25 days from date of notice (i.e. 02/12/2012) and if not taken further action such as passing to a debt collection agency or court action to recover.
⦁ letter from Tesco dated 14/11/2012 stating my bank cancelled direct debit
⦁ Further letters from Tesco throughout December 2012 - July 2013 stating no payments received
⦁ Letter from Tesco dated 06/08/2013 stating debt passed to debt passed to Wescot debt recovery services
⦁ Letters from Wescot throughout August - September 2013 requesting payment
⦁ letter from Tesco dated 16/01/2014 stating pay up or further action will be taken
⦁ No further correspondence from Tesco until letter dated 27/07/2016 stating that refund of interest put on the account as not supplied with notice of sums in arrears in accordance with Consumer Credit Act
⦁ No further correspondence from Tesco until letter dated 09/03/2017 stating that refund of interest put on the account as not supplied with notice of sums in arrears in accordance with Consumer Credit Act
⦁ No further correspondence from Tesco until letter dated 23/05/2018 stating debt passed to Lowell Portfolio
⦁ Letters from Lowell Portfolio throughout May - August 2018 requesting payment
⦁ Letter from Lowell Portfolio dated 03/11/2018 stating passed to Lowell Solicitors
⦁ Letter from Lowell Solicitors dated 03/11/2018 requesting payment
⦁ Letter from Lowell Solicitors dated 12/11/2018 requesting payment within 30 days (i.e. by 12/12/2018) or county court claim will be issued
⦁ Claim form received 06/01/2019 (issue date 03/01/2019) from Northampton County Court
As can be seen from the above the debt became statute barred on 01/11/2018 (i.e. the last date of payment or acknowledgement of the debt). Additionally Tesco Bank did not take any action to recover the debt between 16/01/2014 and 23/05/2018, a period of over 4 years

Any comments gratefully received. Thanks in advance

[Amethyst]

Hiya,

The list of letters would wait for later, when you come to do a witness statement so not really suitable for a defence. It also does look ( to the court ) like you have been ignoring / hiding from the debt ( which isn't an issue just risks the court treating you like a debt avoider, rather than the claimant for being useless and not bothering with court until too late - so although that wouldn't kybosh your defence, if they claimant comes up with a last payment date or the default date is later than you thought you'd have a bit of an uphill battle to argue against it )

Also "This debt is therefore statute barred and any court claim to recover it will be defended on this basis." - this is your defence and there is a court claim so leave that out.

This " . Additionally Tesco Bank did not take any action to recover the debt between 16/01/2014 and 23/05/2018, a period of over 4 years" is a bit irrelevant

You have until the 3rd Feb to file your defence ( claim issued 3rd Jan and you have acknowledged so yes that's about right ) so you have time to get yourself a bit of a back up defence in place.

Would you be able to type up the Particulars of Claim please - just to check what you can ask for under CPR 31.14 ( documents mentioned in a statement of case ). CCA Request - send to Lowell Portfolio
CPR 31.14 Request - send to Lowell Solicitors ( add a sentence in that the debt is statute barred too so they are on notice )

and have a read of our Example Defence

which also includes a bit on SB and shows the point of the above CCA and CPR letters.

Many people also find it useful to send a SAR to the original lender (Subject Access Request Letter )it can come in useful later if you need to counter any arguments/dates put forward by the claimant, as well as check your own recollection of things.

[foxtrot]

Thanks for the response

Particulars of Claim
1) The defendant opened a Tesco Bank Credit card regulated consumer credit account under reference xxxx on 20/08/2009 ("the Agreement")
2) In breach of the agreement, the defendant failed to maintain the required payments and the Agreement was terminated
3) The agreement was later assigned to the claimant on 25/04/2018 and written notice given to the defendant
4) Despite repeated requests for payment the sum of £xxx remains due and outstanding. And the claimant claims:
a) the said sum of £xxx
b) interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue accruing at a daily rate of £xx but limited to one year being xxx
c) costs

You are right I have been burying my head in the sand for a few years because of multiple debts, I'm told classic response, not opened post, etc and recently suffered a severe anxiety attack and been signed of work for a couple of months. I've been working with national debt advice, etc re the priority debts first and will start addressing the non-priority debts when they are sorted out but in the mean time this arrived and I obviously need to get it sorted out

[foxtrot]

Should I just put that I believe it's statute barred as of 01/11/2018?
I'll send off the letters - what should I look for when / If I receive the CCA?
I've seen on other threads about the CPR 31.14, should I send that too?
Cheers