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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am the defendant to a claim of debt that is being pursued

Customer Question

I am the defendant to a claim of debt that is being pursued by a 3rd party or DCA and in the county court in the next couple of days.
I have just realised my defence which I have sent to the court and claimant was due in court back in December 2015. Can someone advise me if I am wasting my time attending court if the judge refuses to recognise my defence due to the lapsed time?
Also, can someone advise if the claimant has the authority even though they are not the originator of the alleged debt. They have brought the debt and are claiming assignee even though the debt was disputed with the previous loanee over 6years ago.
Any advice would be appreciated.
Thanks
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.
Hello my name is ***** ***** I will help you with this.Have you filed your defence please? Has Judgment been entered?
Customer: replied 9 months ago.
Yes, I sent my defence on the 2 Feb. I am due to go to court tomorrow(thursday).
Expert:  Ash replied 9 months ago.
Ok, Judgment hasnt been entered against you in the meantime?
Customer: replied 9 months ago.
No, I just need advice on the points I raised and anything you think I can use in my defence.
Expert:  Ash replied 9 months ago.
Whats the Court hearing for? Have ackowledged or paid the debt in the last 6 years before the claim was issued?
Customer: replied 9 months ago.
The claimant reckons I owe this debt to them. The debt is outstanding but was originally disputed a few years ago. I heard nothing form them until out of the blue I received a claim via the Northampton Court a year ago from this CDA who are acting on behalf of another who brought the debt. Obviously, I defended this original claim.
I then received another new claim from the CDA for allocation to the small claims track for hearing at the County Court.
Witness statements have been issued by both parties to the court and as I said previously I was supposed to have done this back in December last year.
Am I to late for the court judge?
My defence is based on validity of their assignee and I also attached statute barred letter which was sent to the claimant in January 2016.
Expert:  Ash replied 9 months ago.
So there have been 2 claims for the same debt?
Customer: replied 9 months ago.
No, it is the same claim. The first part of the claim, my defence was disputed by the claimant who then asked for my defence to be wiped out and to proceed with a new hearing.
Expert:  Ash replied 9 months ago.
So its a small claim hearing?
Customer: replied 9 months ago.
Yes, Small claims hearing.
Expert:  Ash replied 9 months ago.
Ok - then you might as well go for it. Even if you lose they can't claim legal costs. It doesnt matter if you filed a defence late. What you need to make sure is that you have filed witness statements.You can put them to proof as to the agreement, that you defauled, it was assigned and indeed that is NOT statute barred.These are ALL things you can raise but it must be in your statements.Can I clarify anything for you about this today please?Alex
Customer: replied 9 months ago.
Yes, my Witness Statement has reference to the doubt of assigned and statute barred.
They are claiming legal costs, why do you say they can't?
Expert:  Ash replied 9 months ago.
Because its a small claim.They can only claim a fixed cost on issuing the claim, they dont to small claims generally. Further they can only claim legal costs under r.27.14(g): (g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonablyTherefore they would have to show you have been unreasonable. This would usually be breach of Court orders, hopeless defences etc. But if you had a hopeless defence they could have applied for summary judgment. They didnt and as such its unlikely they would get costs beyond those which are fixed.Does that help?Alex
Customer: replied 9 months ago.
Yes, I take that with me.
Thanks.
Expert:  Ash replied 9 months ago.
Good luck.AlexIf this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 9 months ago.
Yes, it was answered satisfactorily. I have also book marked you.
Expert:  Ash replied 9 months ago.
Thanks. If you could rate so I am credited I would be most grateful.Alex
Expert:  Ash replied 9 months ago.
If this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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