Arrows/Drydens Claimform - old M+S card debt poss SB'd

[dx100uk]

please complete this

next time DONT PANIC and blindly pay any old DCA that sends you threats

come here and ask US what to do 

you've been here long enough to know better than to pay them blindly!!

 

before this recent payment

when was the last payment made to anyone on this debt?

 

 

[dx100uk]

go ring M+S and ask

[dx100uk]

which is a good sign its over 6yrs old as they don't 'have' to retain information after 6yrs of no payment/use.

 

 

link in post 4 please

 

dx

 

[dx100uk]

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.
.
 get a CCA Request running to the claimant
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
 

 

please carefully note your CORRECTED dates for AOS and defence filing deadlines in your above post.

 

you say this is a store card

are you sure about that?

as M+S changed to a credit card after a certain date, and there are known issued withe the legality of this change if your card is of a certain age

 

when did you take this card out please?

 

dx

 

[dx100uk]

what bank account did you pay it from?

if you can firmly establish this IS statute barred

it will blow their court claim out the water totally.

[dx100uk]

If 6yrs had already expired then that payment cant reset it

[dx100uk]

LLoyds hold everything usually

if you CAREFULLY follow the SAR link and read all its posts

you should be able to get all the statements from them

 

the fact that they might not be with you bythe time you need to file a defence we can deal with

[dx100uk]

its in our cpr letter you sent

but you don't need it so ignore.

as you are filing on time..by 4pm 5th july

 

but if you are happy its sb'd then nothing to stop you filing our sb defence before then.

 

did you get that sar to lloyds running?

 

dx

 

[dx100uk]

the time scale is pretty much irrelevant in most cases, it only really comes into play if someone is blindly paying a debt to a dca and they fail to comply.

 

in most court cases, if they fail the 12+2 working days limit, it can be useful later to refer to such matters as have failed etc.

 

in your case, the debt is statute barred, so it really doesn't matter if they comply or not, its pretty much irrelevant what paperwork they hold or not as the debt is time barred anyway.

 

safe to file on mcol yes.

 

[dx100uk]

don't change from the defacto andyorch statute barred defence

its specifically worded that way for good reasons!!

 

 1 The Claimant's claim was issued on (insert date).

 2 The Defendant 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 £[insert figure from their POC]  or any other sum, or relief of any kind is denied.
..
..ends..

[dx100uk]

The following defence is all you need if it is SB

 

 1 The Claimant's claim was issued on (insert date).

 2 The Defendant 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 £[insert figure from their POC]  or any other sum, or relief of any kind is denied.
..
..ends..

[dx100uk]

how could you have sent a CCA to the claimant using the wrong address

its on the claimform!

[dx100uk]

that's weird

what address was it?
not that it matters anyway

any paperwork they hold under the CCA cant refute an sb defence anyway

[dx100uk]

https://register.fca.org.uk/ShPo_FirmDetailsPage?id=001b000001SHUW6AAP

[dx100uk]

haha tough luck arrows...

 

dx

 

[dx100uk]

Look at the letter you got from the court following your defence filing

[dx100uk]

cant show on CRA file until/if judgement

 

they will now have to pay £255 to lift the stay via an N244 if they are that brave.

 

dx

 

[dx100uk]

you wont as said before and in the court letter you got its automactic

[dx100uk]

open

[dx100uk]

so where has this mystery payment in 2014 come from?

I suggest you recheck your bank statements from before and see if did make that payment

 

 

 

[dx100uk]

I thought you'd got all the statements by sar's from any A/C that it could have been paid from..

you MUST be always 1000% sure a debt is SB'd before filing our SB defence

 

pers i'd be sending an SAR to anyone that holds an A/C that this debt might have been paid from today incase arrows instruct drydens to lift the stay.

[dx100uk]

sar Lloyds then

 

[dx100uk]

and you never entered into any DMP with any debt charity?

i would suggest as they've let the claim be stayed for so long they are flying a kite.

 

did they fwd statement with their last letter?

 

dx

 

 

 

[dx100uk]

well it's not unknown for DCA's to claim phantom payments.

 

just don't ignore anything that come from a court ref drydens raising an N244 for their clients to propose to lift the stay.

 

dx

 

[dx100uk]

As my last post