do limitations time still apply when court chasing debt?

jenny+luke

Hi all,

I wondered if you could help. a friend of mine received a letter last week from the county court requesting payment for a £500 debt or bailiffs would be instructed to visit her home this week. The papers didn't say what the debt was for, she has lots of old debts so wasn't sure which it was. I told her about statue barred time limits etc. Anyway she called she court this morning to ask what it was and was told that it was from capital one, the lady asked if it was her debt and she said yes, the court want her to make an installment plan.

she's sure the debt is older than 6 years, now that the court is chasing the debt, do the rules about 6 years limitations still count? If so, would she just need to send the template limitations letter to the court or capital one or both?

thanks for your help guys. I told her that I think the limitations still stands but that I'd ask on here as you guys know a lot more about this sort of thing than me.

thanks

StokieBecks

The key date here is when she last made a payment towards the debt. It is six years from last payment date that the debt becomes statute barred.

However she needs to check whether a ccj has already been issued for the debt if a ccj has been issued the court have six years to persue payment from date of issue I believe.

sourcrates

Hi,

From what you have said it appears the creditor has already been awarded a CCJ. Against your freind, the creditor can only concider bayliff action after a judgement has been granted, did they not receive the court papers ?

That would of been the time to challenge this, they have limited options now.

As judgement has already been granted, one option would be to apply for a set aside on the basis the debt was statute barred, but this will cost £255.00, with only a 50/50 chance of success.

As the debt is only £500, they would be better off making an arrangement to pay before they get a visit from the bailiffs.

jenny+luke

Hi,

thanks for the quick replies. I've just called her with this info and she said that she has never received any court papers, she's had several letters from Capital one but never the court until now. I've told her to register with Noddle as I think it would show on there if she has a CCJ from an earlier date.

So, if Capital one took her to court during the 6 years from last payment then she still has to pay the debt up to 6 years from the ccj? If Capital one have only just took it to court, 7 years after last payment, it will be statute barred? Will she still need to apply for a set aside or could she just send the limitations letter?

thanks again.

fermi

The 6 years is a limit to start court action.

If that was not up or the court was not told it was expired, then they would and can just issue the judgment.

As said, a set aside is the appropriate legal measure if it was SB before they started the court claim.

Or make an arrangement if not

sourcrates

jenny+luke wrote: »

Hi,

thanks for the quick replies. I've just called her with this info and she said that she has never received any court papers, she's had several letters from Capital one but never the court until now. I've told her to register with Noddle as I think it would show on there if she has a CCJ from an earlier date.

So, if Capital one took her to court during the 6 years from last payment then she still has to pay the debt up to 6 years from the ccj? If Capital one have only just took it to court, 7 years after last payment, it will be statute barred? Will she still need to apply for a set aside or could she just send the limitations letter?

thanks again.

The court would not be involved if a CCJ had not already been granted, trust online is the place to look.

As I said, now judgement has been made, the options are limited, if she didn't receive the original court papers, then that is another reason to apply for a set aside, however, even if that was successful, it won't stop the creditor from starting proceedings again.

Applying for a set aside on the basis the debt is statute barred may be the best choice, but it will cost her the statutory fee of £255.00, unless she can get a reduction for been on a low income,

I still think paying it would be the easiest think to do here.

jenny+luke

ok that's great. I'll tell her. She's a single mom and really struggling for money so probably best if she sets up a payment plan for a small amount.

thanks again for the quick replies. you guys are great