Statute of Limitations and claim forms help please

rizla_king

happy_bunny wrote: »

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.

Good plan.

https://www.nationaldebtline.org/EW/Pages/default.aspx

appleuk_2

Thanks guys I'll read though it all today. I really appreciate it.

sourcrates

appleuk wrote: »

So I have received a claim form now

What exactly does this "claim form" look like ?


Is it light blue with a court crest embodied on it ?


Is it a Northampton address ?


DCA`s have a habit of sending out letters made to look like official court forms, best to read it very carefully.

appleuk_2

Yes it's definately the pale blue claim form from Northampton court with a log in etc from them. I should have sent a statue letter when I got the last threatening one from them a month ago but I didn't even realise the dates to be honest or think they would do anything as it's been so long

[Deleted User]

appleuk wrote: »

Yes it's definately the pale blue claim form from Northampton court with a log in etc from them. I should have sent a statue letter when I got the last threatening one from them a month ago but I didn't even realise the dates to be honest or think they would do anything as it's been so long

What's the login for? :huh:

I don't think they are handed out with a county court summons

fermi

darkfield wrote: »

What's the login for? :huh:

I don't think they are handed out with a county court summons

If they are done through MCOL/bulk centre they are. There will be a claim number and password on the N1 form you can use to log on online and acknowledge, enter a defence etc through that.

appleuk_2

I have rang National Debtline they gave me some basic info and told me to call Cit Advice which I did and cant speak to me for 3 weeks so thats no good really.

I have acknowledged the claim on the money advice site so thats given me a bit of extra time and also posted on the Legal Beagle site.

I think I may need to doctor the letters to send to the company direct before the claim form to be able to put it as a defence?

Aquamania

appleuk wrote: »

I have rang National Debtline they gave me some basic info and told me to call Cit Advice which I did and cant speak to me for 3 weeks so thats no good really.

I have acknowledged the claim on the money advice site so thats given me a bit of extra time and also posted on the Legal Beagle site.

I think I may need to doctor the letters to send to the company direct before the claim form to be able to put it as a defence?

See post #11 - there's no need to delay. The sooner you state this, the sooner the claim will be struck out (assuming you are right)

mcjordi

the 6 years starts from when you last made a payment or acknowledged the debt in writing.. not when it was transferred or from default date as generally you wont of been paying for several months before the default date to get the default