Moriarty law / statute barred debt

V.P.

Afternoon All,

Sorry to bother you but I wonder if I could have some advise.

My wife has received a letter from the above solicitors and whilst I have been unable to load the letter (personal data redacted). The salient points of their letter following their spiel and threats are as:-

The particulars of the amount due relate to an agreement with Sky PLC which started on 09/09/2011 and contained provision for you to pay interest and charges which are not continuing. We can let you have a copy of the terms and conditions of the agreement if you require one.

The debt of £xxx was assigned by Sky PLC to JC International Acquisition LLC on 25/09/2017 and written notice of the same was given to you on 09/11/2017.

I know that neither myself nor my wife have had any contact with the above, the debt purchaser nor Sky regarding this matter since the date of the debt noted and looking at the dates on letter, it seems this company are on a fishing expedition however I am keen to avoid them trying to get a CCJ against my wife.

Could I issue a statute barred letter (if so which one) or would I need to submit a CCA request to the Debt Purchaser and a CPR 31.14 request to Moriarty Law and see what they come back with.

Your advices would be deeply appreciated.

Many Thanks
V.P.

sourcrates

Looks on the face of it to be statute barred, CCA does not apply here, i’d Go straight in with section 5 limitations act 1980 as a full defence.

National Debtline has a good template letter.

Just_Di

V.P. wrote: »

My wife has received a letter from the above solicitors and whilst I have been unable to load the letter (personal data redacted). The salient points of their letter following their spiel and threats are as:-

The particulars of the amount due relate to an agreement with Sky PLC which started on 09/09/2011 and contained provision for you to pay interest and charges which are not continuing. We can let you have a copy of the terms and conditions of the agreement if you require one.

The debt of £xxx was assigned by Sky PLC to JC International Acquisition LLC on 25/09/2017 and written notice of the same was given to you on 09/11/2017.

I know that neither myself nor my wife have had any contact with the above, the debt purchaser nor Sky regarding this matter since the date of the debt noted and looking at the dates on letter, it seems this company are on a fishing expedition however I am keen to avoid them trying to get a CCJ against my wife.

Could I issue a statute barred letter (if so which one) or would I need to submit a CCA request to the Debt Purchaser and a CPR 31.14 request to Moriarty Law and see what they come back with.

Has your wife received a Letter Before Claim from the solicitors or has she received (been served with) a county court claim?

I ask because you wouldn't send a CPR 31.14 Request to the solicitors unless a claim had been issued/served because it's not relevant unless a claim has been issued/served.

Did your wife have a contract with Sky which she did/didn't cancel?

From what you say Sky assigned the debt to JC International last year.

It may be appropriate to send a Subject Access request to Sky to get the full history of the account.

If a claim has been received then your wife must file an Acknowledgement of Service by the court deadline which is 19 days from the claim Issue Date. If she disputes the debt then she must tick the box which says she intends to defend all of the claim. This will give her 33 days from the claim Issue Date to file her Defence.

Di

Just_Di

V.P. wrote: »

Could I issue a statute barred letter (if so which one)

If your wife has not been served with a court claim then sending a Statute Barred letter could be the quickest way to trigger a claim (if you flag up your possible legal stance) since the court may be tolerant of non compliance with Pre Action Protocol (to send a Letter Before Claim) if that would prejudice the Claimant if SB status is imminent.

Please clarify the legal situation.

Di