Is this debt staute barred?

AndyLGR

At the end of August last year I recieved a court claim for a credit card from a dca. I had no records of the card at home so I defended the claim and requested the relevant information from the dca and their solicitors. In the meantime they requested an extension to find the information and the court referred the case for mediation.

When mediation contacted me I told them that had not receieved any of the information I requested in my initial defence, so mediation referrred it back to the court, with a hearing due next month.

However in the meantime I've now revceived some information from the dca. They sent me a copy of the application form from back in 2003, two statements from the credit card company, (one from 2008 and one from 2010), and a default letter from a dca in early august 2010. It looks like the last contact I had with them was early August 2010.

Since sending me the above documentation the dca have been in touch to request I withdraw my defence and make them an offer of payment. So my question is what to do now with the court case due in the next few weeks.

Thanks in advance.

sourcrates

So let's assume it was defaulted by the original creditor sometime mid 2010, the actual cause of action date is not the default date, but the last time you paid the account or wrote to say it's mine basically.

That would make it statute barred, sometime last year.

Stick with your defence, it looks valid to me.

Arleen

Did you acknowledge the debt at any time since august 2010 (made a payment, promise of payment etc)? If not, and the filled to courts recently (aka well past August 2016) then it's statute barred.

FireWyrm

The fact that they are asking for an 'offer' of payment rather than demanding full settlement without negotiation tells you all you need to know. They are fully aware that this is statute barred and are hoping that you are unaware of the law. A short letter telling them that you do not acknowledge this debt, that even if it did exist, it would be statute barred and you have no intention of withdrawing your defence should put this one to bed shortly.

fatbelly

Does your defence actually state that the debt is statute barred? Or just that they have not proved the debt is yours?

If the latter point only, then they may feel they have now proved this.

You should perhaps amend your defence to assert, in addition to the other points, that there is no evidence of acknowledgement in the 6 years before the court claim was started, and the claim is barred under Limitation Act 1980, section5.

As ever, if you need help the best place is the good folk on legalbeagles

http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

AndyLGR

fatbelly wrote: »

Does your defence actually state that the debt is statute barred? Or just that they have not proved the debt is yours?

If the latter point only, then they may feel they have now proved this.

You should perhaps amend your defence to assert, in addition to the other points, that there is no evidence of acknowledgement in the 6 years before the court claim was started, and the claim is barred under Limitation Act 1980, section5.

As ever, if you need help the best place is the good folk on legalbeagles

http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

When I got the court claim I didn't have any info on it stored and so I had no idea what the dates were on it, so my defence was that I needed more information on it.

They've now sent that information so I now know it's early August 2010 and no payments or acknowledgements were made after that date. The court claim was dated late August 2016.

Do I write to the dca or can I update my defence prior to the court hearing next month?

sourcrates

Don't rely on the DCA passing on your info.

Go with Fatbellys advice, ask on Legal Beagles if unsure.