Statute Barred?

MaxMouseDLL

To my knowledge I've never written to them under any circumstances and this is the first time I've heard about the debt, I've seen statute barred cover letters online, should I send them one of those? or... is there a better course of action? call them and speak about it maybe?

Tixy

Do as suggested in post #2

fermi

You've already been advised what you need to do, as below.

If you need more then I would suggest you give National Debtline a call on freephone 0808 808 4000 tomorrow to get advice.

It's too late to be sending the normal statute barred letters now. You MUST engage with and reply to the court proceedings.

fatbelly wrote: »

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 wrote: »

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.

Marktheshark

You must only deal with the court.
You can not "sort this out" with the people making the claim, only the court.

MaxMouseDLL

Ok, thank you all, I'll call the national debt line tomorrow and take their advice as to statute barred...

again, thank you, I appreciate your help.