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Court summon by Wescots


superfox
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Hi, my wife has been sent a court summons by Wescot for a debt owed to Littlewoods Catalogue. The debt is 6.5 years old. The Catalogue account was not my wifes, as she order from her friend who was the agent. I have sent Wescot a CPR 31.14 request for the Credit agreement and other documents which I know that they don't have. What defence should I use for this? should I use the Statute Barred? or for them not having the Credit agreement.

 

Thanks Mark

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Dear superfox ,

 

Thank you for your post.

 

should I use the statute barred

 

Under The Limitation Act 1980, the creditors can try to recover the outstanding sum of money for up to six years after the last payment was made. If you have not been told about the debt by the creditor in last six years, then I believe the debt to be statute barred.

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Also, you should not admit to owing any before a period of six years. If you do, the debtor can have the debt legally enforced by the Court.

 

It is a good idea to write to Wescot and explain that the debt is statute barred under The Limitation Act 1980. In addition, you can print off the following document: http://www.legislation.gov.uk/ukpga/1980/58 and attach it to your letter.

Edited by howardhewit
Changed from after to before
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Also, you should not admit to owing any after a period of six years. If you do, the debtor can have the debt legally enforced by the Court.

 

 

Once a debt becomes statute barred it cannot be unbarred by acknowledging, admitting or making partial payment.

 

SB is a complete defence.

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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Originally Posted by howardhewit

Also, you should not admit to owing any after a period of six years. If you do, the debtor can have the debt legally enforced by the Court.

Once a debt becomes statute barred it cannot be unbarred by acknowledging, admitting or making partial payment.

 

SB is a complete defence.

 

You are absolutely right Jasper1965. It should have said before not after.

 

superfox

Re: Court summon by Wescots

 

Thanks for the reply

 

Last payment was made in April 2005,

 

So it has been over 6 years since last payment, therefore just like Jasper1965 said statute barred is a complete defence.

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