help on limitation Act

imafzal

Hi all...I need help with the Limitation Act. Debt collecting agency issued County Court summon against me in October 2006 for the two accounts in my name amount £18000. I reply back to the court with this statement “ I HAD PAYMENT PROTECTION INSURANCE BY THE CREDIT CARDS COMPANIES IN QUESTION. I FILLED THE CLIM FORMS AND WHERE SENT OUT. I THAN RETURN ABROAD AND RETRUN TO U.K LAST YEAR. TO THE BEST OF MY KNOWLEDGE THE AMOUNT SHOULD HAVE BEEN SETTLED. I SHOULD LIKE TO DEFEND MY SELF IF THERE IS TO BE TRIAL.”
I did not heard anything until 1st September 2010, a summon from court for the same thing. I been given the 8th April 2011 deadline by the court to file my witness statement and been to local solicitor for help but they are charging £200 per an hour which I can hardly afford. I have wrote a letter to Cabot explaining the Limitation Act but the refuse to accept this. Can I ask the court to set aside the claim under the Limitation ACT. Last payment on the account was made in September 2003 for £10. ...any advice will be appreciated........Thanks in advance

nottoolate

was the previous action stayed, discontinued or what?

imafzal

Hi all...I need help with the Limitation Act. Debt collecting agency issued County Court summon against me in October 2006 for the two accounts in my name amount £18000. I reply back to the court with this statement “ I HAD PAYMENT PROTETION INSURANCE BY THE CREDIT CARDS COMPANIES IN QUESTION. I FILLED THE CLIM FORMS AND WHERE SENT OUT. I THAN RETURN ABROAD AND RETRUN TO U.K LAST YEAR. TO THE BEST OF MY KNOWLEDGE THE AMOUNT SHOULD HAVE BEEN SETTLED. I SHOULD LIKE TO DEFEND MY SELF IF THERE IS TO BE TRIAL.”
I did not heard anything until 1st September 2010, a summon from court for the same thing. I been given the 8th April 2011 deadline by the court to file my witness statement and been to local solicitor for help but they are charging £££ per an hour which I can hardly afford. I have wrote a letter to Cabot explaining the Limitation Act but the refuse to accept this. Can I ask the court to set aside the claim under the Limitation ACT. Last payment on the account was made in September 2003 for £10. ...any advice will be appreciated........Thanks in advance

GeorgeUK

Try the legal beagles forum or the consumeractiongroup if you are not getting anywhere with this. The may be able to advise better but i think you acknowledged the debt in court by saying that you filled in the claim forms. So the SB clock would start in 2006. If you are in England, it is 6 years before SB - in Scotland, it is 5 years.

nottoolate is right that you would need to state what the court decided last time you were there. Was a decision or ruling made?

imafzal

Thanks for your reply.
I did not received any form of communication from the or Cabots until last september.

imafzal

Thanks for your reply.
I did received any form of communication either from the court or debt agency.

GeorgeUK

Do you have the old paperwork from the court? If you call the court with the reference number, they should be able to tell you what was decided - if anything.

I think that they will try to argue that your letter to the court was an acknowledgement so the debt would only be SB 6 years after this date.

I think rather than trying to defend on the basis of the debt being statute barred, you should look to see why the PPI did not pay out. If you do not have all the documentation, request a copy of all the data the bank has by sending them a SAR (cost £10). Did you inform the bank that you could not pay and wanted the insurance to kick in? CAG and legal beagles may be able to assist with the witness statement.