DCA claimform for pos Statute Barred Lloyd Business loan/card debt.

[citizenB]

popeye1 said:

Would this be in order

 

Erm, nope.. do NOT send that letter.. not unless you want them to die laughing ?

 

If you require documents that they have mentioned in their claim.. eg.. Notice of assignment, default notice, agreement and statement of account. Then you MUST use CPR I have provided a link for the CPR 31.14 request below.

 

However, if you are absolutely certain this account is statute barred then there is a specific and total defence for that.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

You need to read the request carefully and amend where needed. You should send it by recorded delivery or special delivery if you can afford it.

 

This is the defence you can use if you are absolutely certain that the account is statute barred.

 

 

Quote

 

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.

 

 

Your timeline is as follows.

 

Date of Issue XX + 5 days for service = XX + 14 days to acknowledge claim = XX + 14 days to submit defence = XX

 

As you have redacted the actual date, I am unable to work this out for you.

Edited October 29, 2013 by citizenB

[fletch70]

Thank you Citizen B

 

For my reference and that of popeye can someone clarify timelines for me

You receive claim, you have 14 days to acknowledge and then 14 days to file your defence , however if you acknowledge on day 1 you would still get the total of 28 days is that right?

 

If you have sent a CPR request and they haven't answered you can then ask for a further 14 days.....have I got that right?

[Peterbard]

Erm, nope.. do NOT send that letter.. not unless you want them to die laughing ?

 

If you require documents that they have mentioned in their claim.. eg.. Notice of assignment, default notice, agreement and statement of account. Then you MUST use CPR I have provided a link for the CPR 31.14 request below.

 

However, if you are absolutely certain this account is statute barred then there is a specific and total defence for that.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

You need to read the request carefully and amend where needed. You should send it by recorded delivery or special delivery if you can afford it.

 

A little harsh.

 

The op is a LIP and the letter states exactly why he is contesting the claim. The creditor has given no proof or indication that the debt even exists.

 

However as you undoubtedly have more experience in this aspect, so I would say that the OP should follow your advice in this.

[citizenB]

Thank you Citizen B

 

For my reference and that of popeye can someone clarify timelines for me

You receive claim, you have 14 days to acknowledge and then 14 days to file your defence , however if you acknowledge on day 1 you would still get the total of 28 days is that right?

 

If you have sent a CPR request and they haven't answered you can then ask for a further 14 days.....have I got that right?

 

Yes, you are correct. It is irrelevant when you acknowledge within the correct timeline as in post # 31.. as long as you do acknowledge by that time (which will be 19 days from date of issue).

 

You have a total of 33 days from date of issue to submit a defence.

[fletch70]

Dodge

I am afraid it was me who asked the site team to look in and check the letter as to my untrained eye it felt wrong. I apologise now if it caused offence but as far as I can see that is the great asset of a forum with specialist site team members. I would rather pester the site team for advice than let someone get it wrong

[Peterbard]

Dodge

I am afraid it was me who asked the site team to look in and check the letter as to my untrained eye it felt wrong. I apologise now if it caused offence but as far as I can see that is the great asset of a forum with specialist site team members. I would rather pester the site team for advice than let someone get it wrong

 

No don't be silly. As i said in my first post this is not my area, what matters is that the OP gets the correct info, my ego is irrelevant, but thanks for the thought

[popeye1]

Not a problem at all ,no offence taken. Thank you all for your help.

citizenB . if they were to die laughing ,emmm

 

So I send the solicitors cpr31.14 still or is there another letter for statue barred.Should I phone Lloyds and ask about that account number

[AndyOrch]

If its SB dont submit anything except a SB defence.......assuming you are sure its SB.

 

 

Andy

[citizenB]

Yes, CPR31.14 to the solicitor named on the claim form.

 

It is too late to send the statute barred letter now that a claim has been issued.. which is why I have provided the statute barred defence for you.

[panther12]

The PoC is a joke and I wonder why they don't mention any dates. They wouldn't by any chance be trying to take advantage of your lack of knowledge of the law and hiding the fact it's SB? If it's 100% SB at least we can smile knowing that it's cost them £190 in wasted court fees.

[citizenB]

They have 1024 characters they can use for their PoC's . You will find that most of them don't use anywhere near that when they use MCOL. I imagine that dates have not been mentioned if they are unsure that it could indeed be SB'd .

[Peterbard]

I notice they mention a default notice on the POC, but again no dates.

 

Be interesting to see what they come back with

[Guest]

... I imagine that dates have not been mentioned if they are unsure that it could indeed be SB'd .

 

good point! unsure in its entirety?

[popeye1]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

 

I have removed the letter and replaced with the Library link. (We ask that you do not reproduce the letters on the forum).

 

You will be requesting.

 

1: The agreement

2: The assignment

3: The default notice.. PLUS

4: Statement of account showing how the amount claimed has accrued - to show any default / penalty charges.

 

 

I will send the above and a cca request ?

or below

Edited October 30, 2013 by citizenB
removed library template

[Peterbard]

I will send the above and a cca request ?

 

I would, there is an account number on the POC, I would send it to the DCA rather than the solicitors.

[popeye1]

Sorry

Edited October 30, 2013 by popeye1
not allowed

[stu007]

Hi popeye1

 

Can you please edit your last post as template letters from CAGs library should not be reproduced on the open forum as you have done.

 

please place a link to the template from the library otherwise I may have to unapproved your last post

[popeye1]

I am sending CCA & CPR 31.14 to SOLICITORS and CCA to DCA.

Defence next1 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.

How ever still not 100% .Could I ring bank and ask about acc number on POC.

[citizenB]

You can submit the defence online if you wish

[popeye1]

Thanks .Would 1&2&3 post 50, above be it all?

[citizenB]

Thanks .Would 1&2&3 post 50, above be it all?

 

 

 

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.

 

 

Exactly as above.. if you are posting or emailing then you need to add to the top of the defence, the claim number and "you v them" and add the statement of truth and date at the bottom. If you are submitting online.. then just as shown in the quote box as the statement of truth and claim details will be automatically added.

[popeye1]

Thank you . I have phoned Lloyds ,the account number in the POC is not like any of their account numbers .I have checked with the two main ref agency and nothing.

Should I do the defence now or wait a bit to see if any p/work shows.

 

Issue date 23 Oct

[fletch70]

Issue date is 23rd Oct so if I am right you have until 10th to acknowledge the claim and 24th Nov to do the defence.

 

Are you defending Statute barred? If so are you totally sure it is.

 

Personally I would wait a bit to see if anything comes through from your request but I will bow to whatever CitB or the other experts say

[Peterbard]

Issue date is 23rd Oct so if I am right you have until 10th to acknowledge the claim and 24th Nov to do the defence.

 

Are you defending Statute barred? If so are you totally sure it is.

 

Personally I would wait a bit to see if anything comes through from your request but I will bow to whatever CitB or the other experts say

 

Yes I would agree FWIW, there may be other issues, ot least compliance with you section 77 request.

[popeye1]

Nothing on credit file about this .Bank does not recognise the acc No.on POC. I feel wait as you all say.But not too long.

I have acknowledged on line.