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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6390
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Good morning - I have had an ongoing dispute with a store card

Resolved Question:

Good morning - I have had an ongoing dispute with a store card company for quite a long time over charges. I then stopped paying them and they referred the debt to an external debt company who to the best of my knowledge I have never responded to. They then after a long period passed this onto their solicitors. I was issued with a court summons and applied to have the debt struck out under the time barred limitations act as they stated that the original debt was 2003 and the company taking me to court dated their court papers feb 2015. I have now received a letter from their solicitors stating. We have received your defence letter from the court. We note however that you have provided no information \ evidence of when you believe the limitation period commenced, nor have you provided any details of when you last made a payment towards the debt or when you last acknowledged your liability for the debt. In any event, the information we have received from our client is that the last payment received towards your account on the 27/099/2012 "(I do not believe this date is correct)" which is within 6 years of these proceedings having been issued. In the circumstances, we entirely disagree with your assertion that the claim is statute barred and believe your defence has no prospect of success.
We also note from your defence that you make reference to the original creditors failure to settle the matter before assigning your account to the claimant. We should point out that the original creditor was under no obligation to settle the account. In any event a default notice should have been sent to you which should have informed you of your arrears. "(This was never received from the original creditor before assignment)"
In view of the above, we now invite you to withdraw your defence by completing the enclosed form N9A and returning it to this office within 14 days. In the event that the defence is not withdrawn, our instructions may be to make an application to strike out your defence / for summary judgement and to seek an order that you pay our client's legal costs associated with that application on a contractual indemnity basis.
That was apparently the first letter that they sent me which I did not receive dated 23rd April 2015.
The next letter and only letter was received 24th June 2015.
Stating that they wrote to me previously and go through a brief précis of the previous letter with a new section. Alternatively, you may wish to settle the matter amicably and without court intervention. If this is of interest to you please forward your payment proposals within 14 days.
Please could you give me some advice on how I should deal or proceed with this matter.
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. Do you think that you made a payment in 2012?
Customer: replied 2 years ago.

No I don't think so

Expert:  Jenny replied 2 years ago.
I would suggest you ignore their request. They will need to prove you made a payment. If you did not and did not otherwise acknowledge the debt, their claim is statute barred and they will also have to pay your legal costs.
It may be the case that if you do not withdraw your defence they will withdraw their claim, this may be a try on.
If you have any further questions please do ask if I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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