Statute Barred?

MaxMouseDLL

Hello,

What appears to be a CCJ plopped through my letterbox this morning, as a new user I can't post links but it's i.imgur[dot]com/FZj4Sqr.jpg

Relevant text reads: "THIS DEBT WAS ASSIGNED TO / PURCHASED BY Lowell Portfolio I Ltd, ON 02/01/2009 AND NOTICE SERVED PURSUANT TO THE LAW OF PROPERTY ACT 1925"

02/01/2009 is 6 years, 3 months and 19 days ago... I think it's statute barred, is this correct?

I'm not sure how to proceed from this point, any help is appreciated.

Many Thanks
Mouse

fatbelly

What you've got there is a claim form from the usual suspects - not a ccj

http://i.imgur.com/FZj4Sqr.jpg

So you need to go online and acknowledge service (tick 'defend in full')

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

where they have a forum dedicated to defending Bryan Carter claims.

They'll guide you through making a cpr request for the documents referred to in the particulars of claim

and a cca request for the original agreement, assuming this is a consumer credit act debt (poc very vague)

If there was indeed a six-year period when you did not acknowledge the debt by payment or in writing, then you have a statute barred defence.

rizla_king

basic defence would be

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.

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

MaxMouseDLL

So... just to get things straight here, this *looks* like a county court judgement, are you saying it's not and it's just a regular debt letter crafted to look that way, what would happen if I completely ignore this?

sourcrates

MaxMouseDLL wrote: »

So... just to get things straight here, this *looks* like a county court judgement, are you saying it's not and it's just a regular debt letter crafted to look that way, what would happen if I completely ignore this?

Does it say county court judgement on it, giving the court details, date of judgement etc, telling you to pay up now or within 28 days, or is it a claim form saying there taking you to court for this debt ?

fermi

It's a real court claim form, that is the first stage in getting a CCJ.

You MUST respond and defend,

MaxMouseDLL

@fermi, now I'm confused, people have said that it's not a CCJ, you're saying it is, in sorts... so, what is it, and is it statute barred?

molerat

It is a County Court claim form, they are taking you to court.
A CCJ is the judgement the court will make if you do not defend it.
DO NOT IGNORE

Tixy

It is not a CCJ if it is a court claim, it is them commencing court proceedings to attempt to obtain a CCJ.

If you can successfully defend against the claim, then the judgement won't ever be granted in their favour.

If you don't respond, then even if it is statute barred the judge would award them the judgement by default.

MaxMouseDLL

Ok, so I need to pay attention to it... and do something... so my second question is, since it's over six years old, is it statute barred?

Tixy

If there has been a period of 6 years where you have paid nothing towards the debt, and have not written to the creditor/debt collector to acknowledge that you owe the debt - then it would be statute barred.

So when did you last pay anything towards this debt? And have you written to them since that date?