Statute barred debt

supertracy

Hi
question ref Statute barred debt.
In May this year I was sent a county court claim from 'Howard Cohen & co. Solicitors' acting on behalf of 'Hoist Portfolio' who are acting on behalf of 'Barclaycard'.
I sent the defence part back with the Statute barred letter, because I believe that this letter is over 6 years old.
I also sent them a letter for a SAR request.
I had nothing back on the SAR request even though they cashed the payment, and the only letter I got from Howard Cohen was to say in their words 'we can confirm that on 11 August 2010 a Default Notice was served upon you.As the Default Notice is the cause of this action and the claim was issued on 17 May 2016, we contend that the claim has been brought within the Limitation Period. Civil Procedure Rule 7.2.1.1 states a claimant has six years from the default date to bring their claim'
Has from information that I have seen I thought the Statute bar time would start from last payment on the account which by my records was 01/02/2010, also now had a 'Notice of allocation to small claims track (hearings) ' for January
What would be my next step from please?
thank you

Guest101

The limitation period doesn’t start from the date the creditor issued a default notice or from the date the account actually defaults.


https://www.stepchange.org/debt-info/can-i-write-off-debt/statute-barred-debt.aspx

sourcrates

Hi,

As pointed out above, the Limitations period starts with the last payment date, or written acknowledgement, looks like Howard wants to play silly !!!!!!s with you.

Stick to your guns, no way in hell would they go before a judge and tell them that, they'd be laughed out of court.

They are hoping you are not familiar with case law on this subject, and accept what they say without question.

It's likely they will discontinue once they know there not dealing with Jonny bananas !!!

supertracy

Hi
thank you both for your help, that is what I thought it was on the Statue Barred .
The only thing is now is how do I proceed forward , the hearing of the small claims is in January at the county court.
Is there any template of a letter I can send the court has my defence stating that this debt is Statue Barred and that I have asked for further proof from the claimant and have not sent any. and also some sort of letter that I can send Howard Cohen to get them to stop this claim.
thank you

sourcrates

supertracy wrote: »

Hi
thank you both for your help, that is what I thought it was on the Statue Barred .
The only thing is now is how do I proceed forward , the hearing of the small claims is in January at the county court.
Is there any template of a letter I can send the court has my defence stating that this debt is Statue Barred and that I have asked for further proof from the claimant and have not sent any. and also some sort of letter that I can send Howard Cohen to get them to stop this claim.
thank you

Yes,

It's very simple, and to the point :

The Defendant seeks the Claimants claim to be dismissed by the court as time for collecting this account has run out.
No payment has been made for a period exceeding six years.
The debt is statute-barred under the Limitations act 1980.