Statue barred debt, 2nd claim form against me

[misf1]

Hi all

I have received a claim form from Restons Solicitors on behalf of arrow global for a debt from 2003.

 

 

Arrow say they purchased it in 2011 and I remember a claim form from them in 2012 with Bryan Carter.

 

 

I'm pretty sure it's the same alleged debt but it was statute barred in 2012 it still is now.

 

 

This debt is 14 years old.

They've tried before it's no different now.

 

 

I've asked them for the prove it and also made my defence of statue barred.

 

I just wanted to know,

can they keep filing claim forms with Northampton county court?

or is this harassment because arrow has already been told once that it's statute barred.

 

Thanks in advance

[dx100uk]

so the two claimforms have the same account number in the POC?

[misf1]

Yes it's for the same account, a catalogue I opened in 2003.

[BazzaS]

Yes it's for the same account, a catalogue I opened in 2003.

 

Was the previous claim heard and found in your favour, or discontinued?. Either means they haven't got a hope, but one is easier to bat away that the other ......

[misf1]

It was discontinued

[renegadeimp]

File the SB defence again. It was sold as a lemon debt, but the accounts are never marked with their true status. But the regulators turn a blind eye to it. I'd also complain to the FCA about the DCA and their pet sol using court as a first means of debt collection, especially when the debt is long SB.

[BazzaS]

It was discontinued

 

Had it been heard (and lost, by them) you could state 'res judicata'. They don't get '2 bites of the cherry'

 

With a discontinuance, you have a slam dunk with the same claimant ( CPR 38.7) unless

a) they have sought permission from the court, or

b) you never filed a defence.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38#38.7

 

Is it the same claimant? (Arrow Global) If so, point this out to them.

If it is a different claimant, they sought permission, or you never filed a defence, then they might be trying to get around CPR 38.7, but if it was statute barred, it still is, so you can use that to bat them away, instead........

 

Or, batter them with both