Statute Barred Debt and CCJ claim form has arrived

onwardsandupwards127

Hi all

As my title reads, could anyone please offer me some advice.
I have a statute barred debt, I have received a county court claim form, stating the claim from 06/09/10 and the claim was issued on the 13/09/16
I have contacted stepchange who advised I need to fill out the defence section. I can see where I need to tick but am worried to fill out the defense section where I can include writing.
I have searched on here and found the following as advised by someone else:

First one:

The Defendant contends that as this is a claim in contract and an excess of 6 years have passed since any cause of action may have accrued, any alleged debt is therefore statute barred pursuant to section 5 of the Limitation Act 1980.

The Claimant's claim to be entitled to payment of £ or any other sum, or relief of any kind is denied.


Second:


“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

I would point out that in their Consumer Credit sourcebook, the Financial Conduct Authority states the following rules:

"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

Could anyone please confirm I am ok to use either of these in the defence section please.

Really appreciate your help

National_Debtline

Hi there,


The second example is our sample letter that we advise people to use before the claim forms are issued, whether this would be enough at court is hard to say, realistically you may need some legal advice about how to structure a defence. You could try a Law Centre or http://legalbeagles.info/forums/forumdisplay.php


You have 14days from the issue date to file your Acknowledgement of Service form and this will give you an additional 14days to file your defence - so 28days in total - plus you will also have 5 days for postage if they are from Northampton County Court and Business Bulk Centre.


Laura
@natdebtline