STATUE BARRED 3 YEARS AGO

[AndyOrch]

Then its not statute barred:-(

[SHELBELLE]

No unfortunately

 

So I use the lack of CCA and CPR31.14 as my defence then?

 

Thanks you

 

S.B.

[AndyOrch]

SHELBELLE said:

No unfortunately

 

So I use the lack of CCA and CPR31.14 as my defence then?

 

Thanks you

 

S.B.

 

Yes as per my post

[SHELBELLE]

Thanks Andy.

 

Found a statement and if it's correct this is not SB due to a payment...do the CRA drop off 6 years from DN as defo not on my CRA?

 

Thank you.

[AndyOrch]

The ICO states:

 

 

All references to a defaulted debt must be removed from your credit files after 6 years has passed from date of default, whether paid off or not.

[SHELBELLE]

Thank you for the clarification.

[SHELBELLE]

Draft Defence:~

 

Comments advice required please..

 

POC

The Claimant claims payment of the overdue balance due from the Defendent under a contract between the Defendant and Sainsburys dated on or about xx/07/2013 and assigned to the claimant on xx/02/2011 in the sum of xxxx

 

DEFENCE

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CRP r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is denied with regards to an amount due under an agreement (s). The Solicitor has refused to disclose any agreement or statements on which its claim relies on.

 

3. I am unaware of any legal assignment the Claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act.

 

On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14. To date I have yet to receive a compliant response. This was posted on xxxxx.

 

On receipt of this claim I requested information pertaining to this claim by way of a Section 78 request. To date they have failed to comply.

 

Therefore with the courts permission the Claimant is put to strict proof to:

(a) Show and disclose how the Defendant has entered into an agreement; and

(b) Show and disclose how the Claimant has reached the amount claimed for;

© Show how the agreement was breached/terminate to allow the claimant relief.

(d) Show how the Claimant has the legal right , either under statue or equity to issue a claim;

 

4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Hopefully this is sufficient...thank you

S.B.

 

Hi guys

Sorry...advice on defence would be greatly appreciated as I need to submit pretty soon...thnak you.

 

S.B.

 

 

[AndyOrch]

Patience SHELBELLE....

 

Your defence is due tomorrow by 4.00pm (officially Sunday) but it wont be processed until Monday if you submit Sunday ...which is 1 day late.

 

The particulars above are they verbatim?..... nothing edited out.....no refrence to default /termination..account number reference or section 69 interest?

 

Andy

[SHELBELLE]

Sorry Andy....was just getting a bit anxious...my apologies

 

The POC are verbatim with the addition of this bit below: ~

 

Particulars a/c no : ~ xxxx xxxx xxxx xxxx

Date xx/05/2014 Default Balance xxxx

Post refrl Cr NIL

Total xxxx

 

Thank you once again.

[AndyOrch]

POC

 

The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Sainsburys dated on or about xx/07/2013 and assigned to the claimant on xx/02/2011 in the sum of xxxx

 

Particulars a/c no : ~ xxxx xxxx xxxx xxxx

Date xx/05/2014 Default Balance xxxx

Post refrl Cr NIL

Total xxxx

 

 

DEFENCE

 

1. The Defendant contends that the particulars of claim are vague insufficient and generic in nature. The Defendant accordingly sets out its case below and relies on CRP r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. It is denied with regards to any amounts due under an agreement (s). The Solicitor has refused to disclose any agreement or statements on which its claim relies on.

 

3. I am unaware of any legal assignment the Claimant refers to within its particulars and nor was any Notice of Assignment served pursuant to the Law of Property Act.

 

On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14. To date I have yet to receive a compliant response. This was posted on xxxxx.

 

On receipt of this claim I requested information pertaining to this claim by way of a Section 78 request. To date they have failed to comply.

 

Therefore with the courts permission the Claimant is put to strict proof to:

(a) Show and disclose how the Defendant has entered into an agreement; and

(b) Show and disclose how the Claimant has reached the amount claimed for;

© Show how the agreement was breached/terminate to allow the claimant relief.

(d) Show how the Claimant has the legal right , either under statue or equity to issue a claim;

 

4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.

 

6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

It just required few tweaks......

 

Regards

 

Andy

[SHELBELLE]

Thanks a million Andy I will ensure it's submitted before 4 tomorrow...you're a star:-D

[SHELBELLE]

Quick update: ~

 

 

So Cabot have written.....

 

 

They have not been able to provide the requested info (CCA request), but they are going to keep trying,

 

 

they state that my agreement is currently unenforceable and that they are not permitted to obtain a judgement against me in court.

 

 

BUT I am still obliged to still repay the balance....and to contact them....!!

 

 

Think we are heading on the right track but am not going to count my chickens just yet....

 

 

Also my credit reference file shows this debt as a new entry but under a different DCA to Cabot...which I find strange

 

 

Thoughts and advice appreciated please....

 

 

Thanks S.B.

[dx100uk]

ah poor eston..another lost claim

 

 

not many xmas drinkies at the xmas party for them.

 

 

another fleecing exercise thwarted I expect!

 

 

dx

[SHELBELLE]

Lets hope so DX.........

[Dotty50]

I think they are starting to realise that people are fighting back and they have to stick by the rules or suffer the consequences!

 

I've had a few similar letters recently from other DCA's

 

Good luck that they don't come back!

[SHELBELLE]

Thank you Dotty....good luck to you too.

[AndyOrch]

Quick update: ~

 

 

So Cabot have written.....

 

 

They have not been able to provide the requested info (CCA request), but they are going to keep trying,

 

 

they state that my agreement is currently unenforceable and that they are not permitted to obtain a judgement against me in court.

 

 

BUT I am still obliged to still repay the balance....and to contact them....!!

 

 

Think we are heading on the right track but am not going to count my chickens just yet....

 

 

Also my credit reference file shows this debt as a new entry but under a different DCA to Cabot...which I find strange

 

 

Thoughts and advice appreciated please....

 

 

Thanks S.B.

 

Invite them to discontinue the claim then Shelb...then the clock will start to tick again in view of statute of limitation...otherwise it will remain in limbo.

 

Andy

[SHELBELLE]

Do I just send them a letter then Andy, and do I copy to the court?

 

Can you explain statue of limitation please?

 

Thank you.

[AndyOrch]

Letter ...phone call...no need to copy the court.

 

Statute of limitations as statute barred ....a debt that has had no payment or acknowledgement for a period of 6 years (5 in Scotland) then its becomes unenforcible.If a debt is barred under statute, it means that by law (the Limitation Act), the lender has run out of time to use certain types of action to try and make you pay the debt.

 

Statute-barred does not mean the debt no longer exists. In some circumstances, the creditor, or a debt collection agency, can still try and get money from you. You can choose to pay if you wish. Even if the debt is statute-barred, it may still be on your credit reference file. This may make it harder for you to get further credit.

 

Their court claim stopped the clock.

 

Regards

 

Andy

[SHELBELLE]

Ok Andy understood, I will get a letter off.

 

Thanks once again.

 

S.B.

[SHELBELLE]

Any ideas about the another DCA recently filing this on my CRA...anything I can do about that please?

 

Thank you.

[dx100uk]

sorry what do you mean?

can you get this debt removed?

 

 

dx

[SHELBELLE]

No DX..

 

 

..I'm just a bit surprised as when the claim came through to me I checked my credit file

and the debt wasn't on there.

..because I was trying to check if it was S.B..

 

 

...I have since rechecked and it was listed again just before my defence was submitted

BUT with a completely different DCA to whom issued the claim...

...very strange or would you have an explanation for that please?

[dx100uk]

so the old defaulted date was 20th august

from post 1 here

they cant change that date.

 

 

have they

 

 

dx

 

 

 

 

dx

[Dotty50]

Who's the new DCA Shelbelle?