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Defended Court Claim Statute Barred

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Hi,

I have recently defended a court claim on the grounds of it being a statute barred debt. The debt company acting on behalf of original creditor has provided a statement clearly showing last payment on the account as February 2009.

I have had a letter from the company to acknowledge the defense, but also saying that their client still wishes to proceed with the court claim.

Is this normal? What grounds have they to pursue a claim when they have already disclosed the evidence of last payment being over 6 years ago. Will the court require them to provide evidence that it is not statute barred before any hearing in which case is it likely to be rejected at that point ? I just do not understand why they would continue to pursue the claim? Has anyone got any advice on this please? Thanks

Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Was the date of issue listed on the claim form before or after 6 years from the last payment?

    What sort of account was this? And did it default some time before you last paid it? If so, how long?
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Hi,

    The date of the claim was 4th April 15, last payment date was 19th February 2009. It was defaulted in September 2009 It is a credit card account and there has been no contact on the account in the interim although there is reference of referral to 2 or 3 debt recovery companies in the claim particulars . Many thanks
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    They may try to argue that the 6 years runs from the default date or after one or 2 missed payments.

    There is maybe some merit in that argument for the original cause of action - where the 6 years starts for the first time - is a month or 2 after the last full payment date.

    Extending to the actual default date, not really for a credit card.

    So depending on the account history, terms and condition, and any 1st missed payment date, they may be able to argue they got the court papers in on time.

    A stretch I think, but you would probably be best giving somewhere like National Debtline a call 0808 808 4000, and posting for help on a legal forum such as www.legalbeagles.info/forums/ and www.consumeractiongroup.co.uk/forum/
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    https://www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Page-02.aspx
    The cause of action (when the limitation period starts running) for simple contract debts, is usually when your agreement says the creditor is able to take court action because you have fallen behind with payments. This is normally after one or two missed payments. Sometimes, a debt will have no set repayment time. For these sorts of debts, working out the cause of action is more difficult. Contact us for advice.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
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