Statute of Limitations and claim forms help please

appleuk_2

Hi guys

I have just received a claim form from Mortimer Clarke acting for Cabot relating to a credit card

The card was from 2006 which I really didn't manage things well and which I couldn't afford so I stopped paying. I did ask for a copy of the credit agreement it never arrived and I never heard anything back. I really can't remember any details of it

I am now a student and not able to pay basically

So I have received a claim form now

It appears the debt was sold to Cabot in 2010. I have never been in contact with anyone for well over 6 years so I'm now surprised to have an actual claim form.

Can anyone help me with what I should say to the claim form in reply to say it shouldn't be able to be. CCJ because of the statute of limitations. I'm sure it's right that they can't take legal action because of the time while I understand they can still send general letters?

I'm panicking a little bit now about it all so I hope someone can help me with what I can reply to the claim for with.

Thanks in advance.

Apple

rizla_king

I'm not good at wording defenses but these people are http://www.legalbeagles.info/forums/

Buzby

Statute of Limitations is only relevant when a court pursuit is planned. It does not prevent a DCA from trying to get you to pay up. If the account was active it will be the closure date (and possibly transfer to the DCA) that triggers the timeframe. So if 2010, then they have until 2016 to raise an action, so I would word your response carefully.

Your credit file should be checked to verify dates so you can be accurate in when the milestones take place. After that, you can ride out the storm or name an offer to prevent action being commenced.

appleuk_2

Thanks rizla.

And busby while the debt was sold in 2010 they defaulted the account long before that (I'm not sure exactly when but way before 2008) would it not have started from then?

happy_bunny_2

Sounds like it would be statute barred.

Also, if it goes to court, not complying with a CCA request isn't good for them.

They might not have the correct paperwork.

I would call national debtline to get their opinion on statute barred status. That would likely be your defence with a backup of no original agreement exists.

appleuk_2

Thanks yeh that's what I thought

Problem is I have absolutely no paperwork either and can't overly remember much about at all so I need to try and find out how I can reply carefully and with the right information.

rizla_king

Buzby wrote: »

Statute of Limitations is only relevant when a court pursuit is planned. It does not prevent a DCA from trying to get you to pay up. If the account was active it will be the closure date (and possibly transfer to the DCA) that triggers the timeframe. So if 2010, then they have until 2016 to raise an action, so I would word your response carefully.

Rubbish as usual. Selling the debt on or transferring to a DCA has no bearing on when the time starts running.

Aquamania

appleuk wrote: »

Hi guys

I have just received a claim form from Mortimer Clarke acting for Cabot relating to a credit card

The card was from 2006 which I really didn't manage things well and which I couldn't afford so I stopped paying. I did ask for a copy of the credit agreement it never arrived and I never heard anything back. I really can't remember any details of it

I am now a student and not able to pay basically

So I have received a claim form now

It appears the debt was sold to Cabot in 2010. I have never been in contact with anyone for well over 6 years so I'm now surprised to have an actual claim form.

Can anyone help me with what I should say to the claim form in reply to say it shouldn't be able to be. CCJ because of the statute of limitations. I'm sure it's right that they can't take legal action because of the time while I understand they can still send general letters?

I'm panicking a little bit now about it all so I hope someone can help me with what I can reply to the claim for with.

Thanks in advance.

Apple

https://forums.moneysavingexpert.com/discussion/2606811

Post#2 looks like it might be appropriate

appleuk_2

That's useful thanks aqua. I think it's gone further than this because I have an actual claim form now but maybe I could amend the letter slightly to put in as a defence to the court?

rizla_king

Needs more than just a letter now. A court claim form has been issued. Need a properly worded defence. First thing to do is go online and acknowledge the claim so you have 28 days rather than 14 to get a defence done.

Aquamania

appleuk wrote: »

That's useful thanks aqua. I think it's gone further than this because I have an actual claim form now but maybe I could amend the letter slightly to put in as a defence to the court?

Keep reading the thread, there are further suggested letters

What do you mean by a claim? Do you have a court summons now? If so, just defend it saying you do not believe the matter is actionable in court because of the 6 year time limit as per the Limitations Act.