Scared by Solicitors advice!

myotai

Hi all,

I'm going to send the following in my defence reply to the claim.

1 The Claimant's claim was issued on 8th September 2014.

2 The Defendant contends that as this is a claim in contract and an excess of 6 years have passed since any cause of action may have accrued, any alleged debt is therefore statute barred pursuant to section 5 of the Limitation Act 1980.

3. The Claimant's claim to be entitled to payment of £xxxxx or any other sum, or relief of any kind is denied.

Do I need to send requests for original loan agreements and a CRP 13.14?

myotai

Has anyone heard of this? It's something from another forum regarding my attempts to gain something definitive as to when the cause of action started in my case:-


"So take the last payment made add at least 2-3 months. From that point if you claim statute barred, then it is up to the claimant to prove otherwise"

thechippy

It you're certain it's SB, then just send that defense in asap.
It won't hurt to issue a cpr 31.14 in any case.

SB is a complete defense and even if it went to trial, the court can't find in their favour. Seems like a last ditch attempt to get you to pay.
Also, I don't understand why ndl told you to admit liability? - makes no sense if it's SB. Why would anyone want to pay if it's SB and effectively written off? - bad advice if you ask me..

Tixy

thechippy wrote: »

Also, I don't understand why ndl told you to admit liability? - makes no sense if it's SB. Why would anyone want to pay if it's SB and effectively written off? - bad advice if you ask me..

OP originally said in post #13 they believe it is not statute barred and they could see from their own records that they had made more recent payments. The thread has since been edited which is why some of the advice after that no longer seems logical to the edited posts.

myotai

Tixy wrote: »

OP originally said in post #13 they believe it is not statute barred and they could see from their own records that they had made more recent payments. The thread has since been edited which is why some of the advice after that no longer seems logical to the edited posts.

Was edited and ultimately deleted due to the inarticulate way I'd stated myself. Plus I have since discovered that my concerns were actually regarding another matter that has long since been put to bed. It's all new to me this and I guess mistakes are inevitable.

Apologies if I'd confused things.

I am still full throttle re taking the SB route and now have enlisted some further assistance. Especially as I have even more evidence regarding this.

Thanks...

Tixy

Good news that this one is statute barred.

Just mentioned the edited posts for future readers, to stop anyone taking the now incorrect advice.