Statute barred and Form N180 Help Please

[Mark26]

I had received a County Court Claim from CCBC for an old bank account, I had previously made a Bank Charge claim for £ !330 this was stayed whilst the Appeal Court process went through. When I originally tried to reclaim off Nationwide they suspended my internet account which delayed cancelling all DD's etc on account.

 

They are trying to claim via MKDP Llp an overdrawn balance of £770 ( all charges for returned DD's ) I had never had an overdraft on this account or made an agreement for one I haven t made a deposit or admitted the 'debt' since October 2007. I entered the defence of statute barred that I saw on this site

 

I have now received form N180 stating it is now a defended claim, it states that case may be suitable for small claims court, I have to fill the form in by Jan 20th and file it with Court office

 

How should I proceed ?

 

Any advice gratefully received

[steampowered]

I've moved you into Financial Legal Issues.

 

When were the charges incurred? Time will run from then not from when they suspended your internet account.

 

As the amount is less than 10k this is a small claim so complete the DQ accordingly.

[AndyOrch]

If you are DQ stage and have already submitted a defence there is little further advice we can offer as it all relies on the defence you submitted.

 

 

Regards

 

 

Andy

[Mark26]

Thank You, so I agree to go to small claims court, do I accept mediation or not and should I re enter my defence on the N180 ?The six years has definitely expired prior to October 2013

[AndyOrch]

You don't add a defence to a DQ you have already submitted that.

 

 

The 6 years may have expired prior to Oct 2013 but what date is the claim ?

[Mark26]

The original charges were from May 2007, they also added interest until September 2007 I have paid nothing into the account since June 2007. The claim from MKDP via CCBC was issued 27th November 2013

 

They also returned all DD s in July and charged for them as well. I put a claim in against them for charges through CCBC on 16/07/13 and this was subsequently stayed due to judicial review and I never pursued it further

Edited January 7, 2014 by Mark26

[citizenB]

Mark, what defence did you submit ? If it was statute barred when the claim was issued, then you should have said so on your defence ?

[Mark26]

Yes I did and I have now had the N180 which I have to return by Jan 20th. It states on the N180 that this is a defended claim. I just wanted to make sure that by filling it in my defence still remains, but andyorch has answered that above

[citizenB]