Template letter for statute barred debt + more

33days

Is there a template letter for a statute barred debt that is being taken through the county court and that is also now at the stage where they the claimants have produced the POC but the POC have now proved that the last payment was 8 years ago but the default date was 2 years after the last payment in 2008... So it says that the default date does not start the 6 year clock but the cause of action does ..

Many thnks

sourcrates

Hi,


Its best in specific circumstances such as this, to cobble something together yourself.
A court would not expect a laymen to have knowledge of legal terminology, so try something like this :



"In the matter before the court, it is the "cause of action" date here that is significant.
The date the last payment was made, that is the date in time the creditor could of taken legal action for non payment, and also the date the Limitations time clock runs from.

The date of default does not always coincide with the cause of action date, in this case the default was issued some two years later".

rizla_king

You dont need a template letter.

You need help with an actual defense.

Go to http://www.legalbeagles.info/forums for that, as you need proper legal help

fatbelly

Rizla is spot-on correct.

The problem is that under some circumstances a termination date may constitute the cause of action (BMW v Hart) which is probably what they are going to argue, and it will need a judge to sort this out at a hearing.

As long as this is a credit card or personal loan, Sourcrates' defence would be enough to get this to a hearing. But legalbeagles (or someone else with good knowledge of the Limitation Act and relevant case law) would produce something more fleshed-out.

P.S. Be sure not to miss the deadlines for acknowledging service and submitting defence

33days

Thanks for the help guys Legal Beagles are on the case ...