Statute barred debt cont....

Hi

I recently posted on here and had some great advice.
I have debt that has all become statute barred.
The last payment I made was in 2009 through CCCS. I have not acknowledged any of the debt since I stopped paying, this was advice given to me then.

About a month ago I received a CCJ form which I responded to as advised on here.
Today I received a response from that.

It is titled:

Notice of proposed allocation to the small claims track.

It says

Take notice that...

1. This is now a defended claim.
The defendant has filed a defence. (a copy of which is enclosed- typed but then crossed out with pen and nothing extra in envelope)

2. It appears this case is suitable for allocation to the small claims track.

If you believe that this track is not the appropriate track for your claim, you must complete box C1 on the small claims directions questionnaire (Form N180) and explain why.

3. You ,ust by 11th November 2016 complete the small claims directions questionnaire and file it with the court office...(address) and serve copies on all other parties.

Can someone please help me with this?
Thank you so much
«134

Comments

  • sourcrates
    sourcrates Posts: 28,711
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    edited 27 October 2016 at 1:10PM
    Hi again,

    Firstly, apologies for not following up on your original post.

    When a claim is brought at court, the court will allocate it to one of three 'tracks', the small claims track, the fast track and the multi-track. The small claims track is supposed to be a proportionate method of dealing with straightforward cases of limited value.
    So it looks like the creditor intends to continue, although time will tell.

    I think the form is mainly about mediation and such things.

    Is this the form you have received :

    https://www.moneyclaimsuk.co.uk/PDFForms/N180.pdf

    Fatbelly is the man to speak to about this, hopefully he will pick this up later, in the meantime you could ask here :

    http://legalbeagles.info

    But it looks straighforward enough.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • My goodness! please don't apologise you've been so helpful, honestly.

    Yes thats the form exactly.
    I feel gutted they are continuing with it.

    Ok, I'll go to legal beagles too and will hopefully see fatbelly will respond on here too.
    Thank you again.
  • National_Debtline
    National_Debtline Posts: 7,998
    First Post First Anniversary Combo Breaker
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    Hi onwardsandupwards


    Don't be too disheartened at receiving this questionnaire - it doesn't necessarily mean that they will pursue their claim all the way - just that they have not yet withdrawn it. It may be that if you fill the N180 in, indicating that you are able and willing to attend a hearing if needs be to dispute the claim, they decide at that point to drop the case if they know they have no solid evidence with which to refute your argument that the debt is statute barred.


    As for the form itself:


    Section A - it is generally advisable to accept any offer of mediation as it allows for the case to be resolved without the potential expense of hearings, whilst still addressing your defence. In any case mediation cannot take place unless the other party also agrees to it.


    Section B - your contact details, self-explanatory.


    Section C - unless you are aware of anything that would make this case unusually "complex", you should simply tick "Yes".


    Section D - again, mostly self-explanatory - enter the name of the court most conveniently located from your perspective, and be sure to highlight any dates on which you would be unable to attend. References to "experts" and "witnesses" will not be relevant in a Limitations Act defence, so D2 and D3 can be left blank.
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • Thank you so much.
    Is this the path they usually follow and is it just their last ditch attempt to get the money?
    I have proof from the bank that I last made the payment to cccs in 2009 and then didn't acknowlege anything since then, I have to ask the question why they're doing this now?

    Re form, ok will fill out as you've said, I hope the chances are they will drop the claim.

    I do only need to send this copy to the court?

    Thank you....again!
  • sourcrates
    sourcrates Posts: 28,711
    First Anniversary Name Dropper First Post Photogenic
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    They do it as they hope you will cave in and pay up.

    It's all mind games you see, they'll take it right to the edge, just to d-r-a-g it out !!
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Do you know, without all your support I don't know what I would've done.

    Clicking a thank you button is not enough :)
  • National_Debtline
    National_Debtline Posts: 7,998
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    Organisation Representative
    Hi again

    Is this the path they usually follow and is it just their last ditch attempt to get the money?


    I don't know, and in any case all that matters here is that you respond in the appropriate manner, rather than speculating on their thought process or any "strategy" that might be at work.
    I have proof from the bank that I last made the payment to cccs in 2009 and then didn't acknowlege anything since then, I have to ask the question why they're doing this now?


    Strictly speaking onwards, you can't "prove" that a debt is statute barred - you put the onus on the claimant to disprove it.


    Why are they doing it? Well, they won't recover any money at all by not doing anything, and unfortunately some people in your position will simply pay up on receipt of court papers rather than taking independent advice and querying the claim.
    I do only need to send this copy to the court?


    Correct, but please note that this is the court address given in the N149A notification that you should have received - this may not be the same court in which the initial claim was issued against you.


    Dennis
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • fatbelly
    fatbelly Posts: 20,380
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    Forumite
    Nice work, guys!
  • Thank you Dennis.

    I really appreciate your straight taking on the situation and your advice.

    Thank you
  • Hello again all,

    So following on from the above posts I have today received an email where mediation is being offered by the court over the phone.
    Can anyone advise me with regards to this please?

    Thank you
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