defending my ccj claim... Probably Statute Barred

[vom2002]

I recently received a court form from northampton for a claim against me from money im supposed to owe barclays bank who I hav'nt banked with since 2006, it was lodged by wright hassell llp on behalf of cabot financial, who claim they own the debt now. I had never been contacted by either of these companies until the court papers arrived. I immediately returned the acknowledgment of service form to the court stating my intention to defend the claim. I sent via templates from this site a part 18 request for information form on the deed of assignment and a cpr 31.14 request for copies of the contract into which i entered with barclays so as to why i now owe this money. I have response from wright hassell saying they are endeavouring to obtain said documents from thier client cabot financial. I need to file a defence with the court in the next few days, how do i do this and what do i do? and also I have agreement for a 14 day extension from wright hassell over and above the 28 days given by the court, how do i register this?

[AndyOrch]

Hi Vom and a warm welcome to CAG

 

If you could clarify was this a current account or personal loan? You state you have not banked since 2006..have you acknowledged or made payment within 6 years? If not it may be Statute Barred.

With regards to the extension agreed to submit defence .....now that you have conformation attach that to a letter to Northampton stating that an extension has been agreed pursuant to CPR 15.5 and that your defence will be submitted by xxth xxxx xxxx.

 

Regards

 

Andy

[vom2002]

thankyou, i banked with barclays for approx 15 years having current accounts and personal loans with them during this time. I am unaware as to what debt they are referring as I was unaware of any debt with barclays, this is why I have asked for clarification. I have not acknowledged any debt or made any payments since leaving them in 2006.

 

I have a sneaky feeling that they will be unable to produce the documents I have requested, so where do I go from there? How do I file a defence? Do I send the defence form that came with the original court forms?

[AndyOrch]

If its a clear 6 years (5 in Scotland) without any contact then its Statute Barred and your defence should be just that.You can do it all on line using MCOL (Password and username is on the summons).

 

Regards

 

Andy

 

PS I have edited your thread title.

[AndyOrch]

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the Claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

Regards

 

Andy

[vom2002]

thanks i have just sent off my letter to the court regarding the 14 day extension granted to me by the claimants solicitor