Old credit card debt... now I've got a court letter?! Please help me...

fermi

If you believe it is statute barred then you need to submit a defence on that basis to the court.

Just writing a letter on it's own is not enough.

Go here: http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues

Register, and ask for advice on a defence.

fatbelly

If you need more time, then 'acknowledge service' ticking that you intend to defend the whole claim. That buys a total of 28 days from date of service of claim. You can do everything online as it's Northampton Court.

The defence itself is quite simple - under the Limitation Act 1980 Section 5: “An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued”. I have not acknowledged this account by payment or in writing since August 2005.


CAG will probably put some bells and whistles on that.

od0s

OK so I can go ahead and claim I believe it is statute barred.

They then have to try and prove otherwise. I suppose I can deal with what the come back with as and when it happens.

I certainly haven't made any payments, and the last transaction was in 2005 some time - so longer than 6 years ago.