County Court Defense Reply ?

EycplUK

Hope this is in right section , please feel free to move if incorrect


Advice required for a Defence reply to a CC claim brought by Cabot Financial in the Northampton CC Business Centre.
Cabot have brought a claim for a debt which was assigned to them 29/09/2005.
I have had no contact either verbally or by offering payment and believe this debt to be S.O.L bound , am I correct ? if yes what is the format for the Defence reply to the court ? do I just point out the S.O.L bit to the court and reference the date as above ? any help & advice given will be received with thanks
Regards

fermi

Something like this is often suggested....

1 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, and no acknowledgement of the debt or payment thereof has been made in that period, any alleged debt is therefore statute barred pursuant to section 5 of the Limitation Act 1980.

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

If you need a more legalistic view on it then perhaps a specialist legal forum such as legalbeagles.info would be an idea.

fermi

Also beware that debt collectors and their solicitors have a habit nowadays of concocting "convenient" and sometimes clearly false recent payments to counter a statute barred defence. When pushed they obviously have no evidence to back them up, but it can be a hard job and fight to get the courts to put them to any sort of decent proof of these so called payments.