Statute barred debts and the Limitation Acts

Someadviceplease2015

Hi,
I'm hoping FB or another kind person is about please to help advise me further. I sent both the letters to solicitor and DC on 28/9/15. Sent both by trackable method both have been received. No response from DC despite sending £1 postal order. DC signed for it on 30/9/15. Solicitors have sent the below response:

We write further to your letter dated 28/9/15, requesting disclosure pursuant to Part 31.14 of the Civil procedure Rules.
We confim that the claim form was issued by the County Court Business Centre and that Court's protocol was followed when issuing the Claimant's particulars of Claim. Practice Direction 7C point (3A) eliminated the requirement to attach the documents to the Particulars of Claim when they are issued by this court.
We confirm that this matter will most properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil procedures Rules will therefore not apply.
In any event the Notices Of Default and Assignment left the control of the Claimant when they were dispatched to you.
It is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and in this regard, we ask you to refer to your own records.
We confirm out client is agreeable to an extension for filing your Defence.
As you will be aware a clam was in this matter on or around 16/9/15 and we are in receipt of your Acknowledgement of Service.
We recommend you seek independent legal advice.

I found this template online would it be of any help to send this?

Dear Sirs,

Claim No: xxxxxxx
Claimant v Defendant

Request for documents mentioned in a statement of case under CPR 31.14

Thank you for your response to my request for disclosure of documents mentioned in your statement of case under CPR 31.14.

With regards to your assertion that ''we confirm this matter will most properly be allocated to the small claim track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply.'' I am afraid I must disagree, the case has not been allocated to a track for determination and as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

I look forward to hearing from you within the next 7 days.

Yours sincerely

Not sure what to do now? I have until 18/10/15 to file my defence with the court. Any advice would be tremendously appreciated thank you.

rizla_king

heres not really the place for detailed advice on legal claims

need to do this

rizla_king wrote: »

Register and start a thread on legabeagles. You will get more help that way and may need it with a sneaky DCA.

http://www.legalbeagles.info/forums/

ryouga

I always get confused when someone moves between England and Scotland is involved i.e

Lets say I get a credit card in Scotland, move to England and dont pay it or think its paid off, 5 years later I get a debt collectors letter stating I owe, is it barred because it comes under Scottish law as thats where I got the credit in first place or where I defaulted?

Similarly lets say I get credit in Scotland, default in England then move back to Scotland..

Just confused over the whole thing.

abuisa

Hello,

I managed to avoid DCAs while moving addresses and now all my debts are statute barred. My current address isn't linked to any previous (naughty I know but the family needed a roof over their heads and I had to...).

I'd like to do the right thing and clear all the debts even though they're statute barred. I tried a few years back and hit a brick wall as debts are sold on and wasn't able to figure out who the DCA was for specific debts.

How do I find out who owns these debts?
Can I negotiate a settlement through a friend as I don't want my current address linked etc?

Thanks in advance

sourcrates

abuisa wrote: »

Hello,

I managed to avoid DCAs while moving addresses and now all my debts are statute barred. My current address isn't linked to any previous (naughty I know but the family needed a roof over their heads and I had to...).

I'd like to do the right thing and clear all the debts even though they're statute barred. I tried a few years back and hit a brick wall as debts are sold on and wasn't able to figure out who the DCA was for specific debts.

How do I find out who owns these debts?
Can I negotiate a settlement through a friend as I don't want my current address linked etc?

Thanks in advance

Why on earth would you want to settle a statute barred debt ?

Concider yourself extreamly fortunate and get on with your life.

poppasmurf_bewdley

sourcrates wrote: »

Why on earth would you want to settle a statute barred debt ?

Concider yourself extreamly fortunate and get on with your life.

I have to confess that the post struck me as rather 'odd' when I read it.

Why would someone want to pay off debt that needn't be paid off, but want to keep their address secret?

Methinks it could be a bit of trolling, but as it's a newby on his (her) first post, I'll give the poster the benefit of the doubt.

fatbelly

You'd be making a donation to a bottom end debt buyer.

Make a donation to your favourite charity instead.

bobbyheaven

This is my 1st post - so apologies if I have logged it in the wrong place. My girlfriend moved in with me 6 years ago, when she left her previous house she had not had a gas bill, she has to this date never received a bill or demand for payment. will this be time barred at six years from her leaving the previous address and does the receipt of a bill(or not) have any bearing on this.

Comments gratefully received

fatbelly

bobbyheaven wrote: »

This is my 1st post - so apologies if I have logged it in the wrong place. My girlfriend moved in with me 6 years ago, when she left her previous house she had not had a gas bill, she has to this date never received a bill or demand for payment. will this be time barred at six years from her leaving the previous address and does the receipt of a bill(or not) have any bearing on this.

Comments gratefully received

The cause of action is, broadly speaking, when the creditor COULD have started court action to recover a debt. However it is also possible that the creditor would argue that the cause of action starts when the demand for payment is made and has expired.

Of course they may already have got a ccj at 'the last known address'

I'd ignore it unless she actually gets something.

sourcrates

bobbyheaven wrote: »

This is my 1st post - so apologies if I have logged it in the wrong place. My girlfriend moved in with me 6 years ago, when she left her previous house she had not had a gas bill, she has to this date never received a bill or demand for payment. will this be time barred at six years from her leaving the previous address and does the receipt of a bill(or not) have any bearing on this.

Comments gratefully received

Was there any money owing ?

If there was, and 6 years have expired, then yes, most likely statute barred.