23 May 2015

A question about : County Court Claim on old debt


my husband has received a county court claim form for an old debt that we believe may be statute barred.

as per advice from step change, we have written to the company in question saying we don't admit liability and asking for proof that its not statute barred, but the debt in question does not show up on his credit report anymore, so is the debt still enforceable?


Best answers:

  • http://www.legalbeagles.info/forums/ can help you defend the claim.
  • Impossible to say based on what you've told us, as if the account defaulted then it will have dropped off his credit report 6 years after the default date, even though he could have been paying for years after that.
    It is 6 years with no payments or written acknowledgements of the debt that causes it to become statute barred - the debt being on his credit report or not isn't relevant.
  • Thanks for the link and the advice.
    Really not sure about the contact as it seems to have been passed between various agents so will have to wait and see what they come back with in response to the letter.
    Thanks again
  • You need to acknowledge the claim saying you are going to defend within 14 days, so don't hang about waiting for replies to letters. Otherwise you will find yourself with a CCJ by default. Start getting advice on how to defend NOW.
  • whats the debt for...
  • I think it relates to either a loan or a credit card that he had.
  • Yes time is ticking if you dont want to be lumbered with a CCJ you wont be able to then get rid of.
  • The solicitors have said they responded to our letter today and are going to forward this by email. If we've not received it tomorrow, we will go ahead and acknowledge he claim and say we intend to defend the claim.
    Thanks for the advice. The papers were issued on 30th October so have a few days to play with if needed.
  • So, the solicitors have responded saying a payment was made in 2010 so it's not statute barred. What do we do next??
  • We have completed the acknowledgment of service online and gone back to the solicitor asking for proof of the alleged payment. Have had a look on legal beagles already. According to step change, my husband will already have a CCJ from the moment the forms were filed?
  • I should have put on my last post 'they'll just invent a payment'. That's normal practice - they lie to you but do not fabricate evidence for the court (in my experience).
    On the claim timescale you have 14 days from service to submit the acknowledgement. If the claim was issued on 30 Oct then it is deemed served five days later (if it's MCOL, 3 days otherwise) so still plenty of time but don't take it to the wire.
    Stepchange haven't advised you well so far but no damage done.
    In post#1 you said that you believe the debt to be SB, i.e a period of more than 6 years elapsed when the debt was not acknowledged by payment or in writing. That is still your defence unless your records show a payment in that period, which I'm assuming is Oct 2008 - Oct 2014. I hope the 'solicitors' were a bit more precise than 'in 2010.' If your records don't show anything then proceed as you first intended. They will have to evidence their position to the court.
    Of course if the period of no acknowledgement started in say 2003 then their made-up date is irrelevant.
  • Will read through the thread on LB shortly, thanks fermi.
    Thanks Fatbelly, they gave us a date in November 2010 when they allege we made a payment but I can't see how we'd have done it as I had just lost my job and had a baby, we were skint!! But, then again, if my husband was put under pressure on the phone, he may well have made a payment.
    I have acknowledged the claim online and said that we intend to fully defend the claim and have gone back to the solicitors asking for evidence of the payment as we do not have the same bank account that we had in 2010.
    I have also been taking advice from people on legal beagles and have letters to post out the the claimant and their solicitors asking for the relevant paperwork in order to help us defend the claim.
    Thanks again for your advice and support.
  • That poor guy on LB, seems he is being totally shafted by the 'phantom' payments