Statute Barred debt

[elliott ness]

Hi any help pls
I have a debt that is over 6 yrs old. No payment or acknowledgment has been made by myself since Dec 2004. Debt recovery are now taking me to County Court on 30/9/2011 to recovery the debt (ccj). I contacted National debt line and they told me to send a statue bar letter to inform the creditor re the limitation act. The creditors solicitors have now stated in their response " the phrase cause of action acurring in a claim for monies lent is a matter of construction of the contract to determine from which time will run . Where the contract either expressly or by implication provides that a demand by the creditor is a necessary prerequisite to the right of repayment, time will not start me to run until such demand is made. As the default in the present case is the 30/11/2006 the claimant was entitled to issue proceedings at any time on or before 30/11/2012". Basically as l have a default for the debt they are the clock starts fr the date of default 30/11/2006. Can I get some advice on what my next cause of action shld be. Going bk to court on 30/9/11 need my defend in by 22/9/11.

[Riz]

Re: Statue Barred debt

This may help.

Glass v Swansea City Council

Probably need to have a word with Paul re a forming a clear defence.

[Riz]

Re: Statue Barred debt

Not sure if that link will work for you, so here is the post.

This post from Paul may also help.

Ok, attached is a case that assists with limitation debates that can arise.

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not. Simple as that.

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

People need to be sure that they arent being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

link to the case --> Swansea_City_Council_v_Glass._-_[1992]_2_All.pdf

[Paul.]

Re: Statue Barred debt

with respect to the solicitors, that is, bollocks,


The cause of action arises from the breach of contract, it is when the Claimant could sue that the limitation starts running from not when they serve the default notice. If it were from the default notice then no one would serve on thus protecting limitation.

I would need to know what the particulars of the claim were to be honest, but it does seem that the limitation has expired

what is the date on the claim form too??? it should be in the top right corner

also was this claim issued in the Northampton County Court Bulk Centre?

[Riz]

Re: Statue Barred debt

Some more detail from elsewhere if it helps a little.

Creditor is HFO.

last payment/acknowledgement claimed by HFO is 4/1/2005

No payment or acknowledgement made the OP since Dec 2004. Presumably from their records?

with respect to the solicitors

If these are HFOs tame ones, then you may want to rethink that.

[Paul.]

Re: Statute Barred debt

Ohhh well if it's HFO you have got my attention for sure

[Riz]

Re: Statute Barred debt

Ohhh well if it's HFO you have got my attention for sure

Exactly.

I hope the OP comes back with the requested details. It would be nice to add that little bit more to HFOs current misery.

[Paul.]

Re: Statute Barred debt

well i happen to be in contact with the OFT on behalf of another client and i would be very interested in this as it is clearly a misleading practice

[elliott ness]

Re: Statue Barred debt

with respect to the solicitors, that is, bollocks,


The cause of action arises from the breach of contract, it is when the Claimant could sue that the limitation starts running from not when they serve the default notice. If it were from the default notice then no one would serve on thus protecting limitation.

I would need to know what the particulars of the claim were to be honest, but it does seem that the limitation has expired

what is the date on the claim form too??? it should be in the top right corner

also was this claim issued in the Northampton County Court Bulk Centre?

Paul

The original date was 22/03/2011 at Northampton county court bulk center. I asked for the case to be set aside and was moved to my local county court, I went to court on 22/8/2011. My original post is what they are using as their claim. I was given time to put my defence in and hearing is adj to 30/09/2011. My defence must be in by 22/9/2011

[Never-In-Doubt]

Re: Statute Barred debt

See this guys! ---> HFO Taking Action Against You - allaboutFORUMS

[Riz]

Re: Statue Barred debt

Paul

The original date was 22/03/2011 at Northampton county court bulk center. I asked for the case to be set aside and was moved to my local county court, I went to court on 22/8/2011. My original post is what they are using as their claim. I was given time to put my defence in and hearing is adj to 30/09/2011. My defence must be in by 22/9/2011

I see.

You got 9 days to get the defence in then.

As Paul is now taking an interest in this, then I presume he will be able to help suggest some suitable form of wording and points?

[Never-In-Doubt]

Re: Statue Barred debt

As Paul is now taking an interest in this, then I presume he will be able to help suggest some suitable form of wording and points?

Here's hoping eh?

The new thread has generated some interest which is good, so lets hope Paul gets here and can offer some help...

I'll add this thread to a link on the HFO thread to keep it in line. ---> allaboutFORUMS - View Single Post - HFO Taking Action Against You

[pompeyfaith]

Re: Statute Barred debt

In elliott ness case would that not be a waste of court time as per CPR PART 1.

As they are taking an action they cannot take.

http://www.justice.gov.uk/guidance/c...rts/part01.htm

AND

http://www.justice.gov.uk/guidance/c...on_conduct.htm