Is this ok?

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?

[Deleted User]

Has there, at any time, been a continuous period of 6 years, during which you have neither acknowledged the debt in writing, nor made any payment toward it?

Also, is this debt solely in your name?

myotai

Bedsit_Bob wrote: »

Has there, at any time, been a continuous period of 6 years, during which you have neither acknowledged the debt in writing, nor made any payment toward it?

Also, is this debt solely in your name?

No, no payment or acknowledgment. In fact the information the DCA sent proves this! Unless they know something I don't and are holding it back - hardly front loading!

They're are saying the cause of action is from the date the bank closed the account. I and everyone I have spoken to state it's one month after the date of my last payment.

[Deleted User]

The cause of action business is a red herring, as far as SB is concerned.

The SB clock runs from the date of last payment/acknowledgement.

Lensman_2

Hi. Is this thread asking for advice on a previous thread you posted here?
https://forums.moneysavingexpert.com/discussion/5064275

If it is, please keep to the same thread as it will give the background and enable you to get more accurate advice.

myotai

Different question. Just bumping....sorry