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County court claim for for statute barred debt

A few days ago my husband received a county court claim form for a debt from 2012 which defaulted in 2016, he suffers from poor mental health and this letter has sent him into a frenzy. Is there any way we can defend this? Thank you in advance 

Comments

  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    Arguing it is statute barred is a defence and assuming its your only defence then thats what your response should be
  • RAS
    RAS Posts: 35,740 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Did your husband make any payments after the default in 2016? Start by checking his credit records. That can be done free.
    If you've have not made a mistake, you've made nothing
  • sourcrates
    sourcrates Posts: 31,663 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    You should acknowledge service online, which gives you 28 days to lodge a defence.

    His defence should be that the debt is statute barred under section 5, limitation act 1980, as the debt defaulted on 20/04/2016, and no payment or written acknowledgement has been made by the debtor since that date, so time has run out for the claimant to act, and their claim is denied.

    Make certain to lodge the defence as soon as possible, and within the 28 days allowed.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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