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    • Dave_Lister
    • By Dave_Lister 17th Mar 17, 3:06 AM
    • 1Posts
    • 0Thanks
    Dave_Lister
    Help! - Lowell Debt - Received County Court Claim Form
    • #1
    • 17th Mar 17, 3:06 AM
    Help! - Lowell Debt - Received County Court Claim Form 17th Mar 17 at 3:06 AM
    Hi, I'm hoping somebody can help me out - I'm very new to all of this and not quite sure how to proceed so would really appreciate some input from a pro.

    I'm trying to help my mum out, she panicking because she's just received a Claim Form from the County Court Business Centre regarding an old HBOS credit card debt (approx £1000).

    I've looked through several forums and posts but am still uncertain of exactly what to do now. She's never contacted the DCA, nor made any payments to them. Believe the debt might be Stature Barred, however not certain. (Unsure when the last payment was made or when the account defaulted). I hope her memory is correct when she estimates the default to have happened around 2009/2010 - however she recalls that the bank exercised their right to set-off funds from one of her other accounts to pay part of the debt, before ultimately selling it to a DCA (Does anyone know if this counts as a payment and resets the 6 year clock?)

    What should my approach be to challenging this debt that is quite probably, but not definitely statute barred?
    Do we need to complete the acknowledgement of service to apply for more time to do anything? E.g. Should we write to the DCA as well as the court? (perhaps demanding a CCA to see if they can enforce the debt or send them a Statute Barred letter to check the status?) Or is it too late for that and should we just respond to the courts by completing the Defence section?

    What should I include in my response to the court?

    Thanks in advance
Page 1
    • sourcrates
    • By sourcrates 17th Mar 17, 11:14 AM
    • 12,468 Posts
    • 11,860 Thanks
    sourcrates
    • #2
    • 17th Mar 17, 11:14 AM
    • #2
    • 17th Mar 17, 11:14 AM
    Hi,

    I will try and condense what your next steps should be.

    First, acknowledge service, best to do it online, as it gains you more time, 28 days in total i believe.

    If the banks actions re : set off restart the statute barred clock again, i would say they may argue that fact, I cant say 100% one way or the other, you would need legal advice on that one.

    Plenty of advice on this site about how to deal with court claims, i suggest you post there for a better response :

    http://legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
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