Author Topic: n1 claim form  (Read 2880 times)

charlie38

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n1 claim form
« on: May 24, 2012, 11:16:14 AM »
Hi all, i have received a N1 claim form from a old landlord claiming that i owe £4000 in rent +£1893 in interest from 2003-2006

My question is there a time frame for this? i moved out in June 2006! and did not owe any money also the landlord has had my contact details for the last 6 years and i have not had any contact from him regarding this matter until this claim form.

James Falla

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Re: n1 claim form
« Reply #1 on: May 25, 2012, 05:18:38 PM »
Hi charlie38

With this timing is everything. What part of the debt claimed for is older than 6 years and what part is still less than 6 years old? Any part of the debt which is older than 6 years (given that during that time you have not made any payments towards it or otherwise acknowledged it), I believe should be Statute barred under the Statute of Limitations Act. This means that although the debt may be owed it cannot be enforced in the court.
As such I would suggest that you send the defence / counter claim part of the CCJ Claim form you have received to the court within 14 days. You should state on this that you believe that the majority of the debt (even if you did owe it) is statute barred and therefore unenforceable and you only acknowledge the debt which is still younger than 6 years. To be absolutely sure I suggest you get legal advice or speak to your local CAB.
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charlie38

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Re: n1 claim form
« Reply #2 on: May 25, 2012, 07:08:44 PM »
Thank you James that is very interesting...the N1 Claim form states unpaid rent from Oct  2003 until June 2006 with signed tenancy agreements each year. 

Also the claimant still has not filed the particulars of the claim and I spoke with the money court today and they have advised me that until the particulars have been sent that I do not need to take any action.... is that correct?   

If the claimant has made no attempt to [** sorry, no personal contact invitations allowed **] before how can he ask for any interest?

James Falla

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Re: n1 claim form
« Reply #3 on: May 28, 2012, 10:45:23 AM »
Hi Charlie38

I am not sure what the person you spoke to at the Court is talking about. However if you have received an NI claim form, then you need to act upon it. You need to read the notes on the back of the form and take the appropriate action as described. If you do nothing, then a CCJ could be issued against you for the debt which is not yet statute barred and or you will face a legal battle to get a CCJ overturned which should not have been issued for the debt which is statute barred.
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charlie38

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Re: n1 claim form
« Reply #4 on: May 28, 2012, 12:06:24 PM »
Many thanks... if I chose to acknowledge the service and requested 28 days to prepare my defence that would then be over the 6 years time frame in which the claimant  said there are signed agreements, would that be legal? 

James Falla

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Re: n1 claim form
« Reply #5 on: May 29, 2012, 03:04:46 PM »
Unfortunately it will not prevent the claimant for making the legal claim against the debts that were less than 6 years only when the CCJ application was made. As such I do not think delaying in this way is going to be much help to you.
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charlie38

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Re: n1 claim form
« Reply #6 on: May 29, 2012, 08:43:02 PM »
interesting, if the claimant is asking for rent arrears running from Oct 2003 - Oct/2004  Oct/2005- june 2006 - could i use the limitation act the the first two years??

James Falla

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Re: n1 claim form
« Reply #7 on: May 31, 2012, 06:29:12 PM »
Hi Charlie38
I believe that you could. Afterall the 03/04 debt is much older than 6 years. As such I would have said that this was court by the limitations act and not legally enforceable. At the end of the day, the debt still exists but the creditor should not be able to enforce it in the court for example by applying for a CCJ.
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charlie38

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Re: n1 claim form
« Reply #8 on: Jun 01, 2012, 09:09:02 PM »
The claimant concludes that the evidence is signed paper stating that I owe outstanding rent from 2003-2006 dated 06th June 2006 so presumably I will that will be acknowledgment of arrears and the six years would be from June 2006 regardless. So I my options of using the limitation act may seem not applicable if this is the case.
I may need to hope on the courts rule for the claimant finding alternative routes before going straight to court, but I guess that would depend on the judge.

But thank you for taking the time to give advice

James Falla

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Re: n1 claim form
« Reply #9 on: Jun 06, 2012, 05:29:37 PM »
No problem at all charlie38. Please let us know if you need any further help or advice.
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