Hello my name is ***** ***** I will help you with this.
For now please let me know when you last made a payment or ackowledged the debt?
Hello Alex, I dont believe I have ever made a payment or acknowledged the debt
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.
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.
That means they should have issued a claim within 6 years of 1995 ie 2001.
It is 13 years out of time so can't be enforced.
But if you acknowledge the debt the 6 year time limit starts again!
Can I clarify anything for you about this today please?
Thanks! so am I supposed to fill in the "Defence and Counterclaim" form enclosed in the pack I have received?
Yes I would fill out the defence form.
When you send it back make sure you keep a copy!
Thanks so much!
Can I clarify anything else for you?
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:
what you have advised?
Yes. Its statute barred etc
And out of time under the Limitation Act 1980
can I help with anything else for you?