Court Papers

annawanna

My husband got a court summon for alleged debt.
He is a long time member of this board but he is away for a few days on a business.
He is in a bit of a shock as account is definitely statute barred.
The shock is not really about the summon but about using solicitor.
After a short free consultation with litigation specialist solicitor, he (solicitor) said that chances are much higher with him and very low without him.
Really? Are we talking about chances here? Not about surety?
Despite account being unequivocally statute barred (there is no doubt about it and there is no play with days, dates of default notice, cause of action, etc.). Period.
So why do we need to pay for solicitor to win that case? What limitation act would be worth when you could even think about losing after 6 years?
Is the solicitor just greedy and want money for "no-case"? Or is a real chance of Claimant to continue and subsequently win?

So confused right now...

rizla_king

annawanna wrote: »

So why do we need to pay for solicitor to win that case?

you dont

solicitor obviously thinks he can mug you for some fees as an easy mark

go ask at http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim for free forum advice on defending

sourcrates

I agree with Rizla.


Normally you do not need a solicitor to help defend any consumer debt court claim.
The very fact you have gone to him, asking for "free advice" (nothing is free remember) means he will want something out of it regardless.


Follow the Legal beagles link above, follow the advice given, and defend on the basis the debt is statute barred.


It is 100% up to the claimant to prove the account is not statute barred, you, or your husband, do not have to prove anything.


Make sure you respond to the court claim within the timeframes, as they are quiet strict.

fatbelly

You can acknowledge service now, and then your defence does not have to be in until 28+5 days from issue date. You can do this online if your claim form had a password.

Sometimes creditors invent a payment date and so it is worth getting legalbeagles on your side in case it gets more tricky.

annawanna

Thanks for all your replies.
Service has been acknowledged.
The amount on the claim is exact to the penny to amount on Default Notice - it looks like nobody has added any suspicious payment then.
Will now go over and have a look at legal beagles. Thanks for mentioning that site.

annawanna

Looks like to have good response to posts over at legal beagles one ought to be a VIP member (i.e. paid membership). VIPs' threads are very active (understandable).
Kind of disappointing as my partner holds already paid for membership on another site and they are not that much helpful at this stage. Great when you are talking about possibilities, scenarios, what they do / don't do, what they can / cannot do, etc. When it gets serious then you are given solicitor number...
Oh well, guess you got to be reach to get any legal help, otherwise the only viable option is to search and learn, learn, learn...

fermi

Certainly not my experience there, although can sometimes take a while to get a response if those that can help are busy

Have you a link to the thread you started on legalbeagles?

annawanna

Yes, maybe am bit of impatient (which is probably quite common when you have real court papers on your desk).
Will wait (and learn whilst waiting).
Am not allowed to posts links. www. legalbeagles. info/forums/showthread.php?81276-Court-Papers-Served-Hoist2

English system is really flawed - in Scotland debt vanishes after 5 years, in England it is there forever and you have to fight for its SB status...

annawanna

As soon as I posted on here replies started to flow in over there.
Looks like I was really too impatient

Thanks

fatbelly

annawanna wrote: »

Yes, maybe am bit of impatient (which is probably quite common when you have real court papers on your desk).
Will wait (and learn whilst waiting).
Am not allowed to posts links. www. legalbeagles. info/forums/showthread.php?81276-Court-Papers-Served-Hoist2

English system is really flawed - in Scotland debt vanishes after 5 years, in England it is there forever and you have to fight for its SB status...

Yes, I agree. Under the Scottish system the debt is 'extinguished' after 5 years. Under English law merely 'cannot be enforced' after 6 years.

In disputed cases though, the courts would have the final say in both places