Help statute barred claim received

anthony1

I have received a claim form from Drydenfairfax Solictors in respect of an old Halifax credit card. The debt was sold to Capquest. It has been through numerous DLA'S . The debt has never been acknowledged. Last payment made was June 2008.

Am I right this is statute barred. How to I tell the court

G6JNS

anthony1 wrote: »

I have received a claim form from Drydenfairfax Solictors in respect of an old Halifax credit card. The debt was sold to Capquest. It has been through numerous DLA'S . The debt has never been acknowledged. Last payment made was June 2008.

Am I right this is statute barred. How to I tell the court

Just reply to the debt collector and tell them it is statute barred. If they are stupid enough to take you to court then go there and explain to the judge and ask for costs.

anthony1

I have already got the claim form from the claimant, do i send reply to court

grumbler

What's "DLA'S"?

anthony1

sorry, debt collection agency

Marktheshark

You must ONLY deal with the court.
Start preparing a defence of Statute barred.
If it is MCOL log in to start the defence timer.
Write in your defence that the claimant is aware the event is statute barred and has chosen to pursue a course of action that should be against the legal knowledge of a solicitor.
Then consider filing a counter claim for harassment for £500 in bringing a legal action to court which has no course of action.
You might just get it, others have in the past.
This also stops them chucking the claim in when you hit a defence.
They want to go to court, I would say, ok, lets all go to court.
Where they can explain to the District Judge why you are such a rubbish solicitor with such a poor knowledge of law.

anthony1

Surely if I take a copy of the act to court I cant lose. The law is the law

Marktheshark

If you do not file your defence quickly you wont be going to court and yes you will get a CCJ.

anthony1

Thanks. Only got it today so I will work on it over weekend. I am right though if last payment was july 2008 it is statue barred

InsideInsurance

anthony1 wrote: »

Surely if I take a copy of the act to court I cant lose. The law is the law

The court knows what the law is. What is brought to court is the evidence that its passed the 6 years to make it statute barred or not

grumbler

InsideInsurance wrote: »

The court knows what the law is. What is brought to court is the evidence that its passed the 6 years to make it statute barred or not

I think in this case the onus lies on the other party to prove that it isn't statute barred.