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

Warchilo

fatbelly said:

That's much better.

It's Limitation Act, not Limitations

I'm a little concerned that you are not telling the court just how old this is. I know 6 years is the period stated in the Act but it would hdlp to tell them what you've told me:

7.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitation Act 1980 in that no payment or acknowledgment has been made for over 14 years.

I also think you should highlight their lack of a default date in the poc because they are withholding relevant information from the court

9. The Claimants statement of case does not state the date of the Default Notice...

Thanks, I'll make the amendments when I get home from work this evening and post, my updated response.

Warchilo

Defence submitted today, I'll update you on how it goes.

Thank you for all your help, my hair has literally been falling out from stress (or possibly I'm just at that age!)

Really grateful that there are people like yourselves willing to give up your own time to help myself and others dealing with these things.

Warchilo

Any idea how long I should expect to wait to find out the outcome? 

Do the claimants have a time limit to counter?

Thanks again.

panickerice

Hello, I realise that this discussion was from a long time ago but could you possibly show me a template of the defence you sent back for being statute barred please? I’m seeing lots of different templates.,,some a lot more in depth than others and I’m not sure which I should use. Thank you 

sourcrates

The OP has not been active on here since last July.

If its a statute barred defence you require, then keep it simple, the court does not expect you to have an expert knowledge of the limitation act.

Something along these lines, according to your circumstances:

The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitation Act 1980, in that no payment or written acknowledgment has been made for over 6 years since the account defaulted.

Grumpelstiltskin

panickerice said:

Hello, I realise that this discussion was from a long time ago but could you possibly show me a template of the defence you sent back for being statute barred please? I’m seeing lots of different templates.,,some a lot more in depth than others and I’m not sure which I should use. Thank you 

I doubt you will get a reply as the OP hasn't been online since July 2024