County Court Summon for old debt

spoovy · 18 August 2016 at 8:11PM

Hello

I've recently received a summons from the County Court Business Centre for an old debt. The debt was shown on a copy of my credit report which I got from Experian last year, which clearly shows the default date, which is well over 6 years ago now. I know that I have not made any payments since, and I have not acknowledged the debt either.

So it should be statue barred, right? So why are they taking it to court? I'm confused and anxious because I thought that this debt had ceased being something to worry about, but now it seems it still is.

I've never been to County Court before, how can I prove that the debt is statue barred? What if they (the company that is chasing me) just lie?

Thanks in advance for any help.

dancingfairy · 18 August 2016 at 8:43PM

I'm pretty sure you just file a defence and the defence us the debt is statute barred. You might just want to fill in the form to say you're going to defend and buy yourself a bit more time to get advice ob wording etc.
They have to prove its not statute barred. Do note it's not unheard of for creditors/ their solicitors to make up/ accidentally on purpose claim a payment was made so be aware that they may use this tactic.
Df

sourcrates · 18 August 2016 at 9:37PM

They are hoping you roll over that's why.

Defend the claim on the basis that time has run out for filing a claim on this account, and under the limitations act 1980 the debt is statute barred.

Acknowledge service online.

They then have to do all the donkey work, NOT YOU !!!!!

You don't normally have to appear in court, it's all done by email and post.

Stick to your guns, don't be put off by anything they may say.

Good luck !!!

spoovy · 19 August 2016 at 7:13PM

Thanks, that sets my mind at rest a bit. Is there any to-and-fro during the court process? I mean if they presented a falsified payment document or something I would presumably get chance to counter that?

National_Debtline · 19 August 2016 at 7:34PM

Hi spoovy

If you were to enter a "statute barred" defence as described above and the claimant did not simply withdraw their claim, the court would then normally fix a hearing to assess the facts of the matter - the claimant would be expected to provide any relevant evidence at this hearing, and you would obviously have the opportunity to query it if it appeared not to be genuine.

I can't quote you any statistics as such, but in my experience, if a claimant is confronted with a statute barred defence that it cannot refute, it will normally withdraw the claim so as to cut its losses.

Hope that helps

Dennis
@natdebtline

spoovy · 20 August 2016 at 9:41AM

Thank you again, that is helpful. One more question though. I sent a CPR request to the solicitor for copies of the documents referred to in the Particulars of Claim, and they replied refusing; they said I already had all the information required.

So, can I enter a defence with multiple elements to it, eg that it is statute barred, AND that they refused my CPR request?

thanks again

sourcrates · 20 August 2016 at 11:41AM

spoovy wrote: »

Thank you again, that is helpful. One more question though. I sent a CPR request to the solicitor for copies of the documents referred to in the Particulars of Claim, and they replied refusing; they said I already had all the information required.

So, can I enter a defence with multiple elements to it, eg that it is statute barred, AND that they refused my CPR request?

thanks again

Hmmm that suggests to me they may have nothing more than has already been supplied to you, or they are withholding something.

Certainly mention it in your defence yes.

fatbelly · 20 August 2016 at 7:30PM

spoovy wrote: »

Thank you again, that is helpful. One more question though. I sent a CPR request to the solicitor for copies of the documents referred to in the Particulars of Claim, and they replied refusing; they said I already had all the information required.

So, can I enter a defence with multiple elements to it, eg that it is statute barred, AND that they refused my CPR request?

thanks again

Definitely. The more elements the better. Legalbeagles have useful info

http://legalbeagles.info/forums/showthread.php?53221-EXAMPLE-Defence-for-Consumer-Credit-Court-Claims

Just don't miss the timescales for acknowledgement of service and defence.

spoovy · 24 August 2016 at 1:16PM

Thanks again.

In response to my CCA request they sent me a reconstituted agreement, made up of one photocopied (un-numbered) page, and several numbered pages of a word document, with no signature of mine anywhere. The agreement dates from 2006.
Am I correct in thinking that reconstituted agreements are not acceptable as it was pre-2007, and that it is unenforcable as a result?

fatbelly · 24 August 2016 at 2:34PM

To save me writing again what I wrote last night..

http://forums.moneysavingexpert.com/showthread.php?p=71192786#post71192786

You now have a statute barred defence and a s127(3)cca defence!

Fun!

spoovy · 24 August 2016 at 3:35PM

Unfortunately the statue barred defence has gone -- I unearthed some early token payments from 2010

Also I was just talking to national debt helpline and they said that even though the documents supplied to me is reconstituted and unenforcable, that doesn't mean that they don't have a perfectly valid one which they will whip out in court, therefore invalidating my only defence, and leaving me liable to court costs etc as well!

County Court Summon for old debt

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