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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello, I have just received a county court claim form from

Resolved Question:

Hello,
I have just received a county court claim form from a claimant in the name of Cabot Financial LTD with an address for correspondence of Restons Solicitors LTD. The claim is for a balance owing to Lloyds Bank dating back to 1995 and assigned to the claimant on 18th Jul 2014.
My question: Is this enforceable and can a CCJ be logged on my credit report for a debt that was owed back in 1995??
Many thanks,
G Mckenzie
*****@******.***
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know when you last made a payment or ackowledged the debt?

Customer:

Hello Alex, I dont believe I have ever made a payment or acknowledged the debt

Alex Watts :

Ok, under the Limitation Act 1980 then as long as you have not paid or acknowledged the debt within the last 6 years it is statute barred.

Alex Watts :

I would simply file a defence saying that you deny the debt, you put the Claimant to proof and that the debt is statue barred.

Alex Watts :

That means they should have issued a claim within 6 years of 1995 ie 2001.

Alex Watts :

It is 13 years out of time so can't be enforced.

Alex Watts :

But if you acknowledge the debt the 6 year time limit starts again!

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thanks! so am I supposed to fill in the "Defence and Counterclaim" form enclosed in the pack I have received?

Alex Watts :

Yes I would fill out the defence form.

Alex Watts :

When you send it back make sure you keep a copy!

Customer:

Thanks so much!

Alex Watts :

Can I clarify anything else for you?

Customer:

I don't think so. Just to confirm, I will fill out the defence can counterclaim section and dispute the full amount and in the "Defence" section I should add:

Customer:

what you have advised?

Alex Watts :

Yes. Its statute barred etc

Alex Watts :

And out of time under the Limitation Act 1980

Customer:

Thank you.

Alex Watts :

Can I clarify anything else for you?

Customer:

Thats all

Customer:

Thanks again.

Alex Watts :

can I help with anything else for you?

Customer:

No thanks

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