Received a County Court claim for Statute Barred debt, how do I defend? (Lowell)

Warchilo

Hi,

This debt defaulted approximately 15 years ago and I've had letters from various debt collection agencies and solicitors but I've never dealt with it due to mental health issues.

I've now received a claim form from the Civil National Business Centre (Northampton)

I've started the process of defending it online via moneyclaim.gov.uk but I could do with some help in the wording of my defence.

Also if I do it online do I need to respond via mail as well?

I'm having a bit of a panic attack and struggling to wrap my head around previous posts that I've been reading on here.

So I'm truly thankful for any help.

fatbelly

Issue date 8 April
Service 13 April
Therefore acknowledge service by 27 April
Final defence has to be in by 11 May

The is guidance on this at https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim

Warchilo

Thanks, 

I followed your link and found the template defence letter, but I can't post the link because I'm a newbie

Are all of the points 1-18 relevant to me? If not what should I remove/keep?

I think it's going to be a long sleepless night!

fatbelly

Acknowledge service online. Tick 'defend in full'

Get some sleep

Maybe start your own thread on legal beagles tomorrow. Plenty of time for the rest of it (https://legalbeagles.info/library/guides_and_letters/court/first-steps-to-take-on-receipt-of-a-county-court-claim/)

They appear to know this is statute barred as they have deliberately omitted the date of default from the particulars of claim

Warchilo

Thanks, I've done that.

Now to try and get some sleep.

Sorry if I come across as too formal or cold, I'm Autistic and I'm told I text/type like a robot.

Martico

You express yourself clearly and concisely, and appear far from cold or robotic. Hope you get the result you need

Warchilo

If I have received letters from various debt collection companies over the years does that effect whether or not the debt is statute barred?

I haven't responded to anything or made any contact.

Thanks again.

RAS

It is only if you have paid, or made written acknowledgement that the clock is reset. Any contact by the creditor or their agent is irrelevant, other than a CCJ. And even that's only useful to them for 6 years, really.

fatbelly

Warchilo said:

If I have received letters from various debt collection companies over the years does that effect whether or not the debt is statute barred?

I haven't responded to anything or made any contact.

Thanks again.

No it doesn't. Acknowledgement can only be by payment or in writing, by the debtor or their agent

Warchilo

Thanks for all the help, I'm putting together my defence and I'll post it here before I submit it. 

Warchilo

So here's I where I've got to with my Defence (obviously I'll edit in personal details later)

In the [Northampton County Court Business Centre] 

Claim No: [XXXXX] 

[Claimants Name] 

Claimant 

And 

[Defendants Name] 

Defendant 

DEFENCE 

The Defendant received the claim [Claim Number] from the [Name of Court – often Northampton or Salford] County Court on [Date you received the claim] 

[The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years] 

Statement of Truth 

I believe that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. 

Signed ________ 

Dated  ________ 

Is it Necessary for me to leave the last Paragraph (Statement of truth) in?

Again thanks for all your help during a stressful time.