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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71146
Experience:  Over 5 years in practice
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I've just been issued with a cci but the debt is over 8

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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
Thank you for your question. My name is ***** ***** I will try to help with this.
Do you owe the money?
Customer: replied 2 years ago.
It was an old personnel loan I had in 2006 with Lloyds but it has been brought by another company
So do you owe anything?
Customer: replied 2 years ago.
yes its now £7000 but as i haven't made any payment on the account for 8 years do i still owe it
Did you get the court summons?
Customer: replied 2 years 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 ?
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 C. and other Law Specialists are ready to help you
Customer: replied 2 years 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 ?
Yes, and yes.
I think overall I would try.
The only risk is costs.