County Court Letter, What to Do Help Please

mot1987

Hi all

I have just received a letter from county court for a old debt from 2008, it was a shopdirect debt. However the claim they sold the debt on 29/09/2009

I replied to the solicitors who were dealing with the account about the debt being stat Barred and also asked them to prove evidence that its my debt (in the hope that papers may have been misplaced or they may just give up) I thought it would be worth a try.

Unfortunately they have appeared to ignore my request and have now sent a court claim. The debt is only for £278.00 with fee's but i don't want to pay the debt unless I have to. I have just had a baby and i would rather have £278.00 of what little savings i have than give it to them, but also I don't want a ccj.

What should I do ??

Should i make a offer monthly payment like a Tomlin order

Do i stick to my guns and reply a defence, but where do I stand with Stat barred, if i am wrong will i then end up paying more by going via court. if i loose I would end up paying more and all upfront in order not to register a ccj within 30 days etc


Really not sure what to do or where i stand, if anyone can help

rizla_king

http://www.legalbeagles.info/forums are usually one of the best places to ask on what your chances are at defending successfully.

chattychappy

Is it a "real" court claim? Sometimes firms send out documents that look like country court claims - eg by completing the form and sending it to you without filing it at court.

Did you get a "response pack" including a form for you to fill in where you can defend/admit or acknowledge? If it's a real, then you should have done.

Based on what you say, the debt is statute barred. Selling the debt on doesn't restart the clock. Unless you have in some way acknowledged the debt (eg by making payments), then defending it should be straightforward. Agree, the legalbeagle people can help with suitable wording.

sourcrates

As its only a small amount of money, and if you lost, you could pay in instalments, I would be tempted to defend the action on the basis that time for action has run out.
It would depend when the "cause of action" date was, it's usually when a creditor can take legal action against you, so after 2 or 3 missed payments.

There is a good template letter below, you could send to the creditor, remember it's up to them to prove its not SB, not up to you to prove it is.

http://moneyaware.co.uk/wp-content/uploads/Statute-barred-template-letter1.pdf

chattychappy

sourcrates wrote: »

There is a good template letter below, you could send to the creditor, remember it's up to them to prove its not SB, not up to you to prove it is.

If the claim has been issued, then the OP must raise limitation as a (the) defence. Then as you say, it's for the claimant to prove (on the balance of probabilities) that it's not barred.

I wouldn't bother with the letter if proceedings are underway.

rizla_king

Must be defended now. A letter will not do.

Marktheshark

What are the "particulars of claim" on the claim form, type them up missing any names.

sourcrates

chattychappy wrote: »

If the claim has been issued, then the OP must raise limitation as a (the) defence. Then as you say, it's for the claimant to prove (on the balance of probabilities) that it's not barred.

I wouldn't bother with the letter if proceedings are underway.

Yes but are they underway ?.

Its not yet been clarified if its a genuine claim from Northampton or a sleazy DCA`s attempt at forgery, of course a genuine claim must be defended, but if its a frightener, then send the letter.

chattychappy

sourcrates wrote: »

Yes but are they underway ?.

Its not yet been clarified if its a genuine claim from Northampton or a sleazy DCA`s attempt at forgery, of course a genuine claim must be defended, but if its a frightener, then send the letter.

Agreed....