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1.CAN A CLAIM OF THIS SORT BE MADE AFTER 9 YEARS? - If you have not ackowledged or paid the debt in the last 6 years then the debt is statue barred, that means no claim can be made.
BUT SAID THEY WOULD DO SO BY EMAIL, - You do not have to accept service of documents by email
2. SHOULD THEY SEND DOCUMENTS ABROAD? - Yes. There are Court rules that permit documents to be served (posted) abroad
3. I DO NOT WISH TO IMPOSE BY USING FRIEND OR RELATIVES ADDRESSES, CAN I BE FORCED TO? - No. Service of documents can be at any address which you wish.
4. ARE EMAIL DOCUMENTS PERMITTED? - If you are willing to accept service by email the yes.
5. ON THE FORM N244 SHOULD I PUT THE FOREIGN ADDRESS? - Yes. But you need to be aware if you are applying to set aside there WILL be a hearing. You can ask for a telephone hearing so that do you not need to physically attend.
Can I clarify anything for you about this today please?
Yes, please clarify answer to 1.
yes, please clarify answer 1.
If a debt has not been paid or acknowledged in the 6 years proceeding the issue of a claim, it is statue barred. That means out of time, can't make a claim, its dead.
Does that clarify?
yes please clarify answer 1. I have not acknowleged or paid the debt in the last 6 years so why has the debt collection agency been able to get a county court judgment? Do I still need to send in form N244 and request a telephone hearing?
Yes you do
You need to apply to set aside on the basis it was statue barred
But either 2 things need to happen
1) You need to attend the Judgment set aside hearing (which is hard as you live abroad)
2) or ask for it by telephone
so, in filling in N244, should I put that. 1. It is statute barred as not acknowledged since 2005 and 2. documents were sent to an address which the solicitor will not provide to me. 3.How do I request a telephone hearing? I will be putting the foreign address on the form N244. Thank you
There is a box on form N244 to tick - by telephone hearing
Does that help?
partly, do I state that it is statute barred in box 3 on N244, and also in box 10?
1) Judgment set aside because the debt is statute barred
You put here when the last payment or ackowledgement was and say it is statute barred.
the lawyer has told me over the phone that last payment was in 2005, should I ask them to give me that in writing so that I can put it in box 10 of N244 (information I am relying on in support of the application to set the judgment aside)?
I would put it was in 2005. Dont delay in making the application
They would be required to show it was not in 2005
Yes. Really grateful. Feel much better now.
Thank you Alex
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