Cabot / Vanquis court claim issued despite being Statute Barred

[toxicdebt]

Hi guys,

Been a while.

 

I'm helping a friend with this.

 

He's received a court claim form from Cabot regarding a Vanquis credit card that was defaulted back in 2008.

 

Surely thay cant proceed as its statute barred under the limitations act?

 

How do we go forward? Do we submit a defence on the grounds of it being Statute Barred. Or do we defend by disputing the debt then put in an application to strike it out due to it being Statute Barred?

 

Not sure if this makes any difference...

 

He was a sole trader when he took the card out. He was a sole trader when the default notice was issued. He's not serviced the debt since 2008. He's now formed a LTD company and they have put this on the form along with his Company number. Does that make any difference?

 

In hope.

Toxic

[dx100uk]

ack the claim

defend all

then go back and file the sb defence

 

 

i'll post one later for you.

hang fire a bit

 

 

dx

[toxicdebt]

Many thanks DX

[citizenB]

Statute barred defence is....

 

 

 

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

 

[toxicdebt]

Excellent. Many thanks CitizenB

 

I never knew they even tried to claim through the courts when Statute barred. Surely they have no hope of winning whatsoever?

[citizenB]

Excellent. Many thanks CitizenB

 

I never knew they even tried to claim through the courts when Statute barred. Surely they have no hope of winning whatsoever?

 

If they think they can get away with it, they will

[toxicdebt]

Sneeky blighters. I suppose some people will just ignore the claim and then they win by default. I guess it must be worth a punt on their behalf. Well not this one Cabot you *tinkers!

 

*substitute with own choice of expletive

[dx100uk]

ofcourse they can goto court with a SB'd debt

 

 

just remember a unless its defended

every claimform is simply rubberstamped with no checks whatsoever.....

 

 

however if the defendant discovers the CCJ

then its an easy set aside.