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  • FIRST POST
    • MrMRJ
    • By MrMRJ 20th Apr 17, 7:23 PM
    • 4Posts
    • 0Thanks
    MrMRJ
    Advice Request - 2 Court Claim foms
    • #1
    • 20th Apr 17, 7:23 PM
    Advice Request - 2 Court Claim foms 20th Apr 17 at 7:23 PM
    Hi Everyone,

    I hope i have posted this in the correct section. My partnet has today recieve 2 Claim forms from the county court. The larger of the 2 debts is for just over 2.5k. I was hoping someone could adivse on the best way to deal with these forms.

    The dates on the form state: "The claimant claims payment of the overdue balance due from the defendant under a contract between the defendants and Shop Direct dated on or about April 04 2009 and assigned to the claimant on Aug 12 2013"

    Now I know my partner has not made any payments on this debt since aquiring it. So as i understand I this debt is statue barred? The thing that is throwing me here is that if it is statut barred why have the courts even allowed it to be filed as a claim?

    As for the second claim form there is not date on it, but my partner is confident this debt is older than the one mentioned above.

    So does anyone have any advice on how best to respond too the court papers. Do we complete the defense for that the debts are too old to be enfororceable? Or is the fact we have recieved these mean the debt is indeed enforceable?

    I know there are template letter out there for sending Statue Barred debt to creditors, but i cannot seem to find any templates for a defence.

    Finally, it says we can complete these online? Is this advised or is it best to respond recorded delivery?

    I really appriciate any assistance with this.

    MRJ
Page 1
    • sourcrates
    • By sourcrates 20th Apr 17, 7:37 PM
    • 11,167 Posts
    • 10,836 Thanks
    sourcrates
    • #2
    • 20th Apr 17, 7:37 PM
    • #2
    • 20th Apr 17, 7:37 PM
    Hi,

    The limitations act will come into effect as your full defence here.

    Your creditor is trying it on.

    Statute barred debts are not automatically written off, they still exist, it's just that any court claim must be defended, otherwise the debt remains valid.

    Your defence would go something like, the Defendant seeks the Claimants claim to be dismissed by the court as the debt is statute-barred under the Limitations Act 1980, Section 5.

    You should seek advice on legal beagles how to respond properly to this :

    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'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    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/
    • MrMRJ
    • By MrMRJ 20th Apr 17, 8:07 PM
    • 4 Posts
    • 0 Thanks
    MrMRJ
    • #3
    • 20th Apr 17, 8:07 PM
    • #3
    • 20th Apr 17, 8:07 PM
    Thanks for your reply. I have asked for advise on legal beagales as you suggested.

    So once the defence is completed what would happen next? Say for example the court agrees with us, would we still need to attend court? My concern is we go abroad in the middle of may for 2 weeks, so I dont want to miss any deadlines.

    Thanks
    Last edited by MrMRJ; 20-04-2017 at 8:10 PM.
    • fatbelly
    • By fatbelly 20th Apr 17, 9:10 PM
    • 10,940 Posts
    • 8,152 Thanks
    fatbelly
    • #4
    • 20th Apr 17, 9:10 PM
    • #4
    • 20th Apr 17, 9:10 PM
    Your defence would be presented to the claimant. You may have to get this in before you go away, though it can all be done online.

    They could hold their hands up at that point and discontinue the claim.

    They could continue to a hearing and argue that your defence does not apply for some reason.

    It's not as scary as it sounds. Companies like Arrow, Lowell and Cabot pick these accounts up for very small sums and rely on people not challenging them in order to make a huge profit on their investment.

    We'll do all we can across the 2 sites to help you not to add to their profits.

    Edit: I can't see you on Legalbeagles. Did you post there this evening? OK, spotted you. You're in the welcome forum, not the court claims section.
    Last edited by fatbelly; 20-04-2017 at 9:21 PM.
    • MrMRJ
    • By MrMRJ 20th Apr 17, 9:16 PM
    • 4 Posts
    • 0 Thanks
    MrMRJ
    • #5
    • 20th Apr 17, 9:16 PM
    • #5
    • 20th Apr 17, 9:16 PM
    Thanks for the reply. I have just asked my partner to check her experian credit file to double check the dates. There is no mention of the original creditor (Shop Direct) but there is now the debt collection company who placed the default on 24/07/2013

    Will they use this date as the start of the 6 years? as i am unable to see when exactly the last payment was made on the account? Although we are certain the last payment was over 6 years ago.

    Many Thanks
    • sourcrates
    • By sourcrates 20th Apr 17, 9:26 PM
    • 11,167 Posts
    • 10,836 Thanks
    sourcrates
    • #6
    • 20th Apr 17, 9:26 PM
    • #6
    • 20th Apr 17, 9:26 PM
    Thanks for the reply. I have just asked my partner to check her experian credit file to double check the dates. There is no mention of the original creditor (Shop Direct) but there is now the debt collection company who placed the default on 24/07/2013

    Will they use this date as the start of the 6 years? as i am unable to see when exactly the last payment was made on the account? Although we are certain the last payment was over 6 years ago.

    Many Thanks
    Originally posted by MrMRJ
    You don't need to prove anything.

    It's up to the opposition to dis-prove your defence.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    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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