Arrow/reston claimform - old MBNA card 'debt'

[Dotty50]

Yes 'stayed' is good, whether they would re-open the case is anyone's guess but as they were probably hoping for a judgement by default, they may have just filed your case and moved on to someone else.

 

Do you actually know the date of your last payment?

 

Although the SB scenario no longer exists due to a claim being issued and the clock will only re-start if they discontinue or you ask for a strike out. I had this situation and wasn't aware of this at the time, however the claim was issued a few years ago so I'm not stressing about it not ever becoming SB.

[MBNASlayer(1)]

Well no news from Reston's yet, I guess I just wait and see what their next move is.

 

On a separate point I spoke to Equifax who advised that it will drop off my credit report on the 6th anniversary of the Dafault Date not the last payment date. Is this correct?

 

Thanks

 

MBNASlayer

[dx100uk]

yes as has always been the case

[katybravo22]

What is going on with this is it still an issue?

[dx100uk]

is what still an issue?

 

 

have you one the same?

[MBNASlayer(1)]

Hi Katybravo22,

 

Nothing to report at the moment. Will report back as and when it progresses.

 

Cheers

 

 

MBNAslayer

[MBNASlayer(1)]

Good morning CAGer's,

 

I have received a letter from Restons. They have advised that under S.5 of the Limitation Act 1980 it states 'An action founded on a simply contract shall not be brought after the expiration of six years from the date on which the cause of action accrued'.

 

They go on to say that the cause of action accrues once a creditor has served a DN. This was issued in around May 2010. As I previously stated on this thread my last payment made on the card was Sept 2009.

 

If this is correct then I guess I am stuffed as whilst they didn't bring an action for 6 years past my last payment it is within 6 years of the DN. Do they have me over a barrel?

 

I'm pretty concerned now as I cant afford to get a CCJ (due to the industry I work in). Any advise would be gratefully received.

 

I have just seen a thread on another site.

 

As an overview it would suggest that case law states that the cause of action accrues when the person can sue, not when DN is issued.

 

 

They state the case of Swansea City Council v Glass (1992). They suggest if it was from when the DN was issued then no one would every issue a DN to ensure it was never statute barred.

 

Would you agree with this point and should I write to Restons reiterating that I believe the debt to be statute barred?

 

As you can tell by the time of my posts this is keeping me awake!

 

Thanks all

[Dotty50]

The case is stayed so they'd have to apply to the court to re-open it.

 

The SB period is something that is being argued with some DCA's, as you have seen elsewhere.

 

CAG doesn't allow you to post names of other sites.

[goodatresearch]

The Swansea City case is a Court of Appeal case

and was supported by the House of Lords case of West Bromwich Building Society v Wilkinson (2005)

 

 

- a default notice does not effect the running of the limitation period.

 

 

The limitation period runs from the earliest date the claimant can bring an action.

 

 

The House of Lords case mentioned that it would be wrong for a claimant to delay the limitation period

indefinitely by deliberately delaying its statutory procedural duty to issue a DN (or words to that effect).

[dx100uk]

simple willy waving by restons.

 

 

and anyway

the case in concern is for a LOAN

yours is a CArd.

 

 

last payment + a month or 2

ignore them

the case is stayed

[Guest]

The case is stayed so they'd have to apply to the court to re-open it.

 

The SB period is something that is being argued with some DCA's, as you have seen elsewhere.

 

.

 

hi dotty how are you

 

agree with others, that a dn shldn't be the cause of action.

in particular; a J rejecting a creditors submission that limitation (cause) runs from an associated dn and not before. and that it is correct to say that a dn is concerned with the exercise rather than the existence of a right (breach/cause). ie it prevents the institution of proceedings but does not govern the existence of the right.

[MBNASlayer(1)]

Thanks guys, that gives me a great deal of comfort.

 

DX100 - So should I just ignore the letter completely or is it worth writing to them reiterating that it is SB?

 

 

Cheers

 

 

MBNASlayer

[dx100uk]

ignore

let it run

don't ignore any court letters IF any come mind!

[Guest]

Thanks guys, that gives me a great deal of comfort.

 

DX100 - So should I just ignore the letter completely or is it worth writing to them reiterating that it is SB?

 

 

Cheers

 

 

MBNASlayer

agree with dotty #146 that they argue that it goes from a dn. and if they proceed with an application, then wld need to argue otherwise.

 

not much point writing again saying is barred, they already have notice of that

[MBNASlayer(1)]

Hi everyone,

 

I have received a letter from Restons today. They have sent an Application Notice to the court and asked them to deal with it without a hearing as they believe that my defence is baseless.

 

They have said the judge will then either make an Order or it may be considered at a hearing.

 

Is the judge likely to make an order without the court coming back to me to request further information? Should I contact the court directly? So far I have not submitted any evidence to back up my claim that it is Statute Barred.

 

Any advise would be appreciated as always.

 

Thanks all.

[AndyOrch]

Wait for confirmation from the court of the application......and whether an hearing will be required.What are they requesting ?

 

The stay be lifted.....summary judgment.....strike out your defence?

 

Andy

[MBNASlayer(1)]

Hi Andy,

 

Thanks for your quick reply.

 

Yes, that's it exactly.

 

Is the court likely to just find against me without any further request for info or will they be in touch?

 

Cheers

[AndyOrch]

It depends whether it requires a hearing....most applications requesting Strike out or Summary Judgment..usually require a hearing...to which you will be informed of and can then prepare a witness statement in response..this must be submitted and served at least 7 days before any hearing.

[MBNASlayer(1)]

Should I contact the court and tell then that I would like a hearing to put forward my assertions that the case is SB?

[AndyOrch]

I would wait for the court to inform you first...that they have actually made an application and if there is a hearing or not.

[MBNASlayer(1)]

Good morning,

 

By way of an update I have had a letter from the court to advise it has been transferred to my local county court so I will have to wait to hear when the hearing is set for.

 

On a positive note I have spoken to the National Debt Helpline and a solicitor who both advised they believe the date for the clock to start ticking on a debt being SB is from the first missed payment.

 

Any ideas on how long it usually takes for the case to be heard once transferred to the local court?

 

Thanks

 

 

MBNASlayer

[AndyOrch]

Varies from one County Court to another really.

 

Andy

[Guest]

On a positive note I have spoken to the National Debt Helpline and a solicitor who both advised they believe the date for the clock to start ticking on a debt being SB is from the first missed payment.

 

MBNASlayer

there you go, as most of us believe. hopefully the DJ will see it that way

[MBNASlayer(1)]

Ok, so I have received a court date for my local court.

 

Unfortunately I am on holiday overseas on the date they have given. I called the court and the advised I have to submit and N244 with a fee of £100 to see if they can change the date!!

 

I have looked at the N244 and it doesn't seem to be for this purpose.

 

Any thoughts or ideas, is this the correct form?

 

Thanks

 

 

MBNASlayer

[AndyOrch]

Yes its the correct form...its used for all applications...hence the name N244 Application Notice.