Statute bared debt and county court claim has arrived

onwardsandupwards127

Hi all

I did post this in another section but think this one might be better.

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 defence 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 or is there somthing else I should put in the box?

Really appreciate your help

sourcrates

Hi,

You don't need to quote chapter and verse here.

The court would not expect a layman to use technical legal argument.

Something simple such as :

"I deny liability for what you are claiming. In addition I have not made a payment to this debt or acknowledged it for over six years. This debt is therefore statute barred."

Would be sufficient for your defence.

Remember, you don't need to prove anything, they do.

What type of debt was it, and when was your last payment ?

onwardsandupwards127

Sourcrates

Thank you. I was feeling the same about sending something like that.

So far as the debt it was a credit card with Tesco. Im a bit confused as to who actually owns it now.
The last payment I made was well over 6 years ago.
On the actual claim they have used the dated 7/9/16 referring to when interest had started to be added, Im presuming this is when they acquired the debt.
The claim was issued on 13/9/16
Stepchange said they would still try even if they could plainly see it was past the 6 years.

Really appreciate your help