Advice on agreement please

[Elenathion]

Could anyone please have a look at this and tell me if it looks like a valid agreement please. I apologise about the quality, I don't have a scanner so it was taken with a phone. I suspect that the alleged debt is statute barred anyway but would like to cover all my bases.

Thank you =O)

 

 

[babybear39]

Photo is very blurred.

 

When you say it maybe SB'd what do you mean?

[Elenathion]

I sent a CCA request and the CPR letters from this site and they responded with a bundle of statements, with the last payment showing as March 2004.

[fuzzybobble]

If you haven't made any paments since the payment listed on the statement, then it will be Statute Barred.

 

Send them the SB letter anyway, as I susupect they would have a hard time proving otherwise anyway.

[Elenathion]

They've filed a claim with Northampton County Court. I've entered a defence as found on here and am now waiting for their response to it. If I can change my defence, should I put in there that it is statute barred?

[debt4get]

certainly if it is sb'd this is a complete defence in court...statute barred is just that...

[fuzzybobble]

Once you get this sorted out, don't forget to claim your costs against them.

[Elenathion]

I will surely do, thanks for the advice. In case it isn't statute barred though, does the agreement look enforcable? I haven't been provided with a default notice either.

[fuzzybobble]

They would have to prove it's Statute Barred.

 

If they've commenced legal proceedings, then you can do a CPR and request copies of any documents. So CCA, Default Notice, statements, etc. Basically ask for everything and send it by special delivery. Then you can go through the paperwork and see exactly what information they have. If there is no evidence of a payment in the last 6 years, then Statute Barred is the only defence you'll need to beat them.

 

Then put in your claim for costs. 10 hours @ £9-40 per hour preparing defence and researching case law in the internet. Cost of printing and sending letters, cost to go to the post office, cost to attend court,(transport, parking, day off work, etc)

[babybear39]

Even if they've hinted at/or threatened legal action you can use the CPR to get the info. you need

[Belaflat]

What date did they start proceedings, this is very important with your timescale.

[Elenathion]

I think my 28 days is almost up. I put in the temporary embarrassed defence that I found on here and put that I wish to amend at a later date but I'm not sure how to amend a defence. It's Bryan Carter by the way.