How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69540
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I've just been issued with a cci but the debt is over 8

Customer Question

hi I've just been issued with a cci but the debt is over 8 years old and I've not been in touch with the previous company before now and not entered into an arrangement to pay .
i was under the impression this would be statutory barred ? do you think i can get this set aside ?
many thanks
lewis
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Do you owe the money?
Customer: replied 1 year ago.
It was an old personnel loan I had in 2006 with Lloyds but it has been brought by another company
Expert:  Jo C. replied 1 year ago.
Ok.
So do you owe anything?
Customer: replied 1 year ago.
yes its now £7000 but as i haven't made any payment on the account for 8 years do i still owe it
Expert:  Jo C. replied 1 year ago.
Did you get the court summons?
Customer: replied 1 year ago.
no i just received a claim form from the company but was unsure of its validity and taking advice from a friend i didn't act on it , there was no date or time of court proceedings i.e. no summons . The next thing i know I've received another letter saying i must pay £50 a month for a debt which a thought was barred due to its length of time that had passed ?
Expert:  Jo C. replied 1 year ago.
It is not that simple.
What you received was a claim form from the court. The right thing to do would have been to respond to that raising limitation. No point in crying over spilt milk now.
You can try to get it set aside. You don't have a legal basis because you didn't respond to the claim form. It might be that a Judge would reopen it though it his view were that there was a defence.
Limitation is never as simple as people believe. It doesn't run from the date that the loan was taken. It runs from date of last acknowledgement. 'Acknowledgement' is defined so widely that it includes almost any communication. It is likely they are saying there was something. Or they may be applying for limitation to be extended under S32 LA 1980 although they would have to show grounds.
At this stage you are going to have to try to get it set aside to argue this point though I'm afraid.
You could always appeal but the fact you didn't respond wouldn't be helpful although nobody can stop you appealing.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69540
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thanks Jo
so just to clarify i have got a chance to appeal to this and its something i can do myself by contacting the court ?
thanks
lewis
Expert:  Jo C. replied 1 year ago.
Yes, and yes.
I think overall I would try.
The only risk is costs.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice