Statute Barred Debt Lowell (Part II)

GothicStirling · 6 April 2018 at 4:08PM

Started a new thread as the previous one has been locked. http://forums.moneysavingexpert.com/showthread.php?t=5749838

Yes, they are that stupid, and have now sent me County Court Papers. Advice on how to contest claim, under Statute Barred legislation?

sourcrates · 6 April 2018 at 4:16PM

Your defence is short and simple.

An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued.

No payment or written acknowledgment has been made to this account in over six years, therefore the claimants claim is denied under section 5 Limitations act 1980.

fatbelly · 6 April 2018 at 4:57PM

I think your last post said

Received a reply from Cohen and Cramer today (3 months later!) A weaseling letter saying if I don't come up with a settlement offer in 30 days they will commence legal proceedings. The Statement that accompanies the letter proves that I have not made a payment since 1/11/2011, and I have not made contact since.

Presumably the claim is dated around 1/4/2018. They are far too late.

Let's see what nonsense they come up with when you put in a defence.

GothicStirling · 26 April 2018 at 4:28PM

Okay, this is probably part of the nonsense (but I'm panicking now).

I received a letter today from Lowell saying Notice of Pending County Court Judgment, they had not received any response, and threats of Baliffs etc. So I've logged onto moneyclaim, and they say they have received my Defence. Is this just a last ditched attempt to get me to cough up?

sourcrates · 26 April 2018 at 7:55PM

GothicStirling wrote: »

Okay, this is probably part of the nonsense (but I'm panicking now).

I received a letter today from Lowell saying Notice of Pending County Court Judgment, they had not received any response, and threats of Baliffs etc. So I've logged onto moneyclaim, and they say they have received my Defence. Is this just a last ditched attempt to get me to cough up?

Most likely yes.

The letter is intended to induce panic, it actually means nothing.

They have your defence, job done, stay calm.

GothicStirling · 27 April 2018 at 5:13PM

Okay, sanity has returned. Recieved a letter from the court saying they are serving my Defence on Lowell. The ball is now in their court.

National_Debtline · 27 April 2018 at 5:45PM

Hello GothicStirling

Glad to hear you have had that confirmation from the court. Be prepared to take everything you hear/receive from the claimant with a healthy dose of scepticism.

Dennis
@natdebtline

fermi · 30 April 2018 at 9:58AM

National_Debtline wrote: »

Be prepared to take everything you hear/receive from the claimant with a healthy dose of scepticism.

Especially from Lowells!

GothicStirling · 2 May 2018 at 5:35PM

Okay. Today I received Notice of Proposed Allocation to the Small Claims Track. Advice on how to proceed?

fatbelly · 2 May 2018 at 6:44PM

Small claims is correct for claims under 10k.

Just fill in the Directions questionnaire (if that's what you have) and send it back to the court (copy to claimant solicitor). You don't have to agree to mediation, though there is no harm in it. State your nearest court. Give any dates you are unavailable (I think the form says in the next 6 months). Sign the form

GothicStirling · 23 June 2018 at 12:46PM

Okay, I've had a new letter from Lowell claiming that it is not statute barred. Their reasoning:

"Section 5 Limitations Act 1980.
An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.
The date the cause of action accrues, in this matter on the expiry of the fixed sum loan agreements.

The Facts

Date of Agreement Expiry of Agreement

16/6/2010 10/4/2013
14/9/2011 14/9/2012

Is this correct?

Statute Barred Debt Lowell (Part II)

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