Statute barred and going to court...

LostMeWay · 19 September 2017 at 11:04AM

Last 3 questions I think.

(1) Do I just simply write on the court form that I dispute the debt on the grounds that I 'think or believe' that it's statute barred?

(2) Any response to my defence will just be via snail mail from the court?

(3) If it they prove it is enforceable. What figure is enforced or do I negotiate on.

£2047 which was the original amount owed?

£2047 for the original debt plus the £517 interest and £110 court fees they are clsiming. So a total of £2675?

Or would the figure be £2675 above plus any further court fees I add on?

sourcrates · 19 September 2017 at 11:21AM

1. The Defendant has not acknowledged the debt in writing in the last six (6) years.

2. The Defendant has not paid any part of this debt in the last six (6) years.

3. The Defendant has reminded the Claimant that the debt has become statute barred in accordance with THE LIMITATION ACT 1980 (SECTION 5) (poss add in here how you reminded them, by letter dated XX/XX/XXXX or similar)

4. The Defendant has requested copies of documents (agreement, default notice, assignment) mentioned in the particulars of claim in accordance with CPR 31.14 but the claimant has failed to comply with this request.

5. ACCORDINGLY THE Defendant seeks the Claimants claim to be dismissed by the court as the debt is statute-barred under the Limitations Act 1980, Section 5.

(Delete what does not apply)

StopIt · 19 September 2017 at 11:44AM

LostMeWay wrote: »

Last 3 questions I think.

(1) Do I just simply write on the court form that I dispute the debt on the grounds that I 'think or believe' that it's statute barred?

(2) Any response to my defence will just be via snail mail from the court?

(3) If it they prove it is enforceable. What figure is enforced or do I negotiate on.

£2047 which was the original amount owed?

£2047 for the original debt plus the £517 interest and £110 court fees they are clsiming. So a total of £2675?

Or would the figure be £2675 above plus any further court fees I add on?

1: See Sourcrates post

2: Yep. It'll likely be a hearing would be moved to your local court with a new date, and any responses to your defence will be sent to you I believe.

3: They can't ask for the court fees unless if judgement is made against you, but maybe the interest to that point. Remember they would have bought the debt for far less than the face value, so even if you have to negotiate down from £2,500, you could get that figure lower.

See how the defence goes first, then act accordingly. No point in settling until then when there is the possibility of it being statute barred.

LostMeWay · 20 September 2017 at 9:24PM

Just me yet again.

I should point out that I'm in Northern Ireland.

If I dispute the debt for whatever reason, does the solicitors/DCA have to respond to my dispute or could they just take it further and the next minute I've a date to attend court?! If I claim it's statute barred do they have to prove to me it is or isn't before it can move any further in the court process?

It's just I copied and pasted this from the website of the court-

'If you do not agree with this claim you should complete and submit a Notice of Dispute, giving the reason why you feel this case should be disputed. Once the document is verified in the Civil Processing Centre it is then transferred to the court office entered on the original application (usually a local court office) for listing and hearing. You should lodge any documents which support your case with the Court Office in which the hearing is to be held, at least 10 days before the court hearing.'

Listing and hearing?

StopIt · 21 September 2017 at 8:06AM

Listing: Filing with the relevant court.

Hearing: The actual court hearing, which if your defence is valid, would be uncontested.

LostMeWay · 6 October 2017 at 5:56PM

Hello all.

I've disputed the debt on the grounds that it's statute barred.

It now says it's being transferred to a 'civil case'.

What time limits are involved now?

And if the debt company can prove the debt is legal to collect, do they have to let me know as soon as possible or could they just let the court process continue and let me know at a later time?

Regards.

fatbelly · 6 October 2017 at 7:23PM

If the courts want you to do anything they will let you know what and when.

LostMeWay · 15 October 2017 at 9:14PM

Whilst I appreciate your reply fatbelly, surely there has to be some sort of time limit on the debt collection company to get their side in order? Or do they have the luxury of weeks or even months to prove to me and the court the debt isn't statute barred?

Also if the debt isn't statute barred and they have proof, are they oblidged to inform myself and/or the court?

StopIt · 16 October 2017 at 9:56AM

LostMeWay wrote: »

Whilst I appreciate your reply fatbelly, surely there has to be some sort of time limit on the debt collection company to get their side in order? Or do they have the luxury of weeks or even months to prove to me and the court the debt isn't statute barred?

Also if the debt isn't statute barred and they have proof, are they oblidged to inform myself and/or the court?

While they officially do have a time limit to get any reply in, the case will only be stayed until they actually do reply.

Again, you will be informed about this, and any options you have going forward.

And yes, if they produce evidence that the debt isn't statute barred, you'll be given the right to reply. By that point it's likely that they'll push a CCJ through and you'll have 30 days to pay to avoid it going on your credit files for 6 years.

fatbelly · 16 October 2017 at 2:23PM

I had a case recently that had been stayed for 6 years I think. Then the creditor woke up, went back to court, got a ccj and we bunged it in a DRO with all the client's other debts!

Statute barred and going to court...

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