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CCJ Claim form for 7 year old debt

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  • CCJ Claim form for 7 year old debt

    Hi I have received a CCJ claim form from a debt over 7 years old, below are the full details.

    Issue date 12th April
    Amount £1469.62
    Claimant: Lowell Portfolio Ltd
    Solicitors: Lowell Solicitors Limited
    Original Creditor: Express Gifts Limited (Studio)
    Particulars of claim:
    1) The defendant entered info a consumer credit act 1974 regulated agreement with Express Gifts Limited Studio under account reference xxxxxxxxx ('the agreement')
    2) The defendant failed to maintain the required payments and a default notice was served and not complied with.
    3) The agreement was later assigned to the Claiment on 18/05/2015 and notice given to the defendant.
    4) Despite repeated requests for payment the sum of £1221.87 remains due and outstanding.
    And the Claiment claims
    a)The said sum of £1221.87
    b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.268, but limited to one year, being £97.75
    c) Costs

    I have made no contact with either company for over 7 years, how would I be able to check if it is statute barred?

    Any help would be appreciated.

    Jeremy.
    Tags: None

  • #2
    Re: CCJ Claim form for 7 year old debt

    From what you have said so far it could well be staued barred. and this could be a complete defence against this claim.

    Lotts of Helpfull people on here.


    Just wait and there will be lots of assistance.

    Comment


    • #3
      Re: CCJ Claim form for 7 year old debt

      First Steps

      - - - Updated - - -

      First Steps

      CCA Request || CPR 31.14 Request

      @DianaM - Updated -

      Comment


      • #4
        Re: CCJ Claim form for 7 year old debt

        Hi, Thanks for the help, I have done everything as stated in the steps on 25th April, I haven't received any response from Lowell's.

        What do I need to do know with regard to the CCJ Claim?

        Thanks.

        Comment


        • #5
          Re: CCJ Claim form for 7 year old debt

          Defence Example

          Comment


          • #6
            Re: CCJ Claim form for 7 year old debt

            SAR Express Gifts.
            http://legalbeagles.info/forums/show...quest-template
            Your defence is due by 15th May, so it would be wise to wait until nearer that date to file it just in case the Claimant/sols manage to provide the requested compliant documentation.
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Re: CCJ Claim form for 7 year old debt

              Hi, I have received a letter off them today to confirm request of documents, in it they now state my account will remain on hold until the requested documents have been received. Do I still need to put in a defence?

              Thanks again for your help.

              Comment


              • #8
                Re: CCJ Claim form for 7 year old debt

                ignore their statement do ther defence

                Comment


                • #9
                  Re: CCJ Claim form for 7 year old debt

                  Originally posted by thegm View Post
                  Hi, I have received a letter off them today to confirm request of documents,
                  From whom?
                  The Claimant?
                  Their solicitor?
                  Is it in response to your CPR request, or to your CCA request? Or both?

                  in it they now state my account will remain on hold until the requested documents have been received. Do I still need to put in a defence?
                  Yes.
                  Unless an extension to the defence deadline has been agreed between yourself & the Claimant, & you (Defendant) have informed the court of this, your defence is due to be filed at court 33 days from the claim issue date.


                  Thanks again for your help.
                  ####
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #10
                    Re: CCJ Claim form for 7 year old debt

                    I agree with [MENTION=3599]MIKE770[/MENTION] ... their "on hold" means nothing to the court timescales, best to put in a defence
                    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                    It doesn't matter where your journey begins, so long as you begin it...

                    recte agens confido

                    ~~~~~

                    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                    But please include a link to your thread so I know who you are.

                    Specialist advice can be sought via our sister site JustBeagle

                    Comment


                    • #11
                      Re: CCJ Claim form for 7 year old debt

                      I'm not very good at this, so what should I put in my defence? sorry if i'm missing something here

                      Comment


                      • #12
                        Re: CCJ Claim form for 7 year old debt

                        Here's an example defence - http://legalbeagles.info/forums/show...t-Court-Claims
                        have a play around, edit it to suit then post it up here for the Beagles to look over before you enter it xx
                        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                        It doesn't matter where your journey begins, so long as you begin it...

                        recte agens confido

                        ~~~~~

                        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                        But please include a link to your thread so I know who you are.

                        Specialist advice can be sought via our sister site JustBeagle

                        Comment


                        • #13
                          Re: CCJ Claim form for 7 year old debt

                          Hope this is ok?
                          Last edited by thegm; 10th May 2017, 11:42:AM. Reason: removed file attached

                          Comment


                          • #14
                            Re: CCJ Claim form for 7 year old debt

                            Originally posted by thegm View Post
                            Hope this is ok?
                            You've left the claim number on your Draft Defence which can identify you. You need to remove the upload.

                            Di

                            Comment


                            • #15
                              Re: CCJ Claim form for 7 year old debt

                              Originally posted by thegm View Post
                              I have received a letter off them today to confirm request of documents, in it they now state my account will remain on hold until the requested documents have been received.
                              Good. You now have a letter acknowledging your request (CCA or CPR 31.14?) which confirms (a) they've received it and (b) they don't have the document in their possession.

                              Di

                              Comment

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