County Court Summons

Neillgb

Just received a summons for a 'debt' which I am pretty sure is Statute Barred. The problem is I can't find proof of this.

Do I simply file a defence to the effect that it is Statute barred and leave it to the Plaintiff to prove the details?

Many thanks.

Sazzie23

Sorry I have no idea but have bumped the post for you as I see no replies so far. Good,luck with it.

sourcrates

Neillgb wrote: »

Just received a summons for a 'debt' which I am pretty sure is Statute Barred. The problem is I can't find proof of this.

Do I simply file a defence to the effect that it is Statute barred and leave it to the Plaintiff to prove the details?

Many thanks.

Hi,
Yes that's correct.
It's up to them to prove the debt is not SB, not up to you to prove it isn't.
The onus to prove the claim is on them, not you.

Defend the claim on the basis that under the limitations act 1980 no contact or payment has been made for a period exceeding six years and you believe the debt to be statute barred.

fatbelly

Six years applies as long as this is not a mortgage shortfall debt.

Make sure you respond within the timescales - you can extend the deadline to 28 days if you acknowledge service within 14.

Be aware that claimants are playing dirty by inventing payments.

Full support is available on

http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

National_Debtline

Hi

The others have given some good advice here.

We generally recommend seeking some legal advice if disputing a court claim. We have a factsheet on replying to a county court claim which might be useful:

www.nationaldebtline.org/EW/factsheets/Pages/20%20EW%20County%20court%20-%20replying%20to%20a%20claim%20form/Default.aspx

James
@natdebtline