Help with possible stat barred debt.

Major_Disaster_2

Hi , im looking for some advice as I have had a court claim form in the post for a debt,from 2005. here are the particulars of the claim... :The claiments clain is in respect of a credit facility 44...***..567,provided by black horse ltd at the defendants request on 29/09/2005 .failiure to meet requests for payment resulted in the account being defaulted.on 28/07/2011, all leagal and benificial interest for tthe monies was assigned to hillesden securities ltd.The defendent was duly notified in writing of the assignment and that a balance of 1394.71 was due.the balance of 1394.71 remains owing from the defendent.

i also had a letter that came at the same time with the claim form from DLC saying "Notice of default sums, litigation cost(debtor) £80..

from what ive been reading about debt should this not be a statue barred debt?

please help im unsure were to go next, . I have logged onto moneyclaim.gov and aknowleged the service so i get 28 days instead of 14.

Many thanks.. MD

fatbelly

Firstly, acknowledging service was the right thing to do.

If this was a straightforward unsecured loan and you are in England/Wales then it would be statute barred if there has been a period of 6 years when you did not acknowledge the debt by payment or in writing.

The default date would indicate that the agreement broke down in early 2011 and they are getting their claim in ahead of it becoming statute barred, but the truth could be different from that, and the details will be important

The best place for help with this is legalbeagles:

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

They will talk you through a cpr request and a cca request (if appropriate)

sourcrates

If there has been a period of 6 years, where no payment or written acknowledgement has been made, then your full defence to the claim would be on the grounds that an action for recovery has become time barred.

Lorac723

I have had debts which I have been paying off. I was death it young when I took the credit out and didn't acknowledge the debts for the first couple of years. I started getting hounded and threatened with all sorts and got scared so set a debt management plan up. A lot of these debts are over 6 years old now. Because I have acknowledged the debts and been making payments I would not qualify for my debts to be classed as 'Ststute Barred' would ?
Any help would be appreciated

Lorac723

I was fairly young when I took the credit******

Not death