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County Court Claim - Statute Barred?

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  • County Court Claim - Statute Barred?

    Please help, I have received a county court claim from Hoist Portfolio relating to an overdraft which I believe is statute barred

    Particulars of claim issued on 16 March 2017:
    The claim is for the sum of ----- in respect of monies owing pursuant to an overdraft facility under bank account no. ---------
    The debt was legally assigned by MKDP LLP (ex HSBC) to the claimant and notice has been served. The Defendant has failed to repay the overdrawn sums owing under the terms and conditions of the bank account.
    The claimant claims
    1. The sum of -----
    2. The interest pursuant to S69 of the county court act 1984 at a rate of 8% from 16/03/11 to the date hearof 2188 days is ----
    3. Future interest accruing at the daily rate of ----
    4. Costs

    I have returned AOS online to contest full claim.

    I was going to send a CPR31.14 request and SB letter to both the solicitor and claimant (not acknowledging debt) as I believe the date above which is six years to date has been manufactured as the debt is no longer on credit file, and has not been paid or acknowledged for I believe just over 6 years.

    Any help would be appreciated and confirmation I am along the right lines - I understand they have to prove its within the 6 years??

    Dele
    Tags: None

  • #2
    Re: County Court Claim - Statute Barred?

    Re CPR 31.14, you can ask for copies of any documents mentioned in the PoC.
    If it were me I'd be asking for the relevant T&C's of the bank account, the Notices of Assignment (HSBC to MKDP LLP, & MKDP to Hoist Portfolio, & I'd be cheeky & ask for the Deeds of Assignment for them as well.

    Meantime, send a SAR to HSBC for all data held by them.
    http://www.legalbeagles.info/forums/...ur-information

    The SB situation is a bit tricky, as it will depend on exact date of the cause of action; that may be different to the '6 years since last payment or acknowledgement' which you often read about.
    The SAR might shed some light on it.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: County Court Claim - Statute Barred?

      Thanks Charity, I've mentioned the notice and t&cs in the CPR letter but will follow up with a SAR to HSBC. I am assuming they won't respond to the CPR, if not then is it safe to use SB as a defence?

      Comment


      • #4
        Re: County Court Claim - Statute Barred?

        I would. (Mention SB in the Defence).
        &, if applicable I'd state the Claimant's non-disclosure for doing so.
        (T&C's aren't always given with SARs as they may be generic (ie not personal data).
        & it's possible that you might not get a SAR response from HSBC in time for your Defence.
        CAVEAT LECTOR

        This is only my opinion - "
        Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb

        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.

        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: County Court Claim - Statute Barred?

          Hi Charity, thanks for the advice previously on this claim. Since then I had gone through the full process of this claim being allocated to court with a date set. I have now received a letter from the solictors (after no letters or replies to my CPR or SAR letters) stating a discontinuance of claim. It seems a bit strange that they would not reply to my letters or send me any chasers on the debt then send me a letter to 'discontinue the claim but this does not mean you are no longer liable for this debt'. Will the court confirm discontinuance of claim? Is this a tactic so I dont attend the court date? Should I reply? just to note, this debt is no longer on my credit file and my initial defence was that it was statute barred.

          Comment


          • #6
            Re: County Court Claim - Statute Barred?

            Check with the court that they have been told of the discontinuance. The fact that you asked for documents has probably made then realise that the alleged debt cannot be enforced, or they already knew that it couldn't but hoped you would not notice and tried it on anyway.

            Comment


            • #7
              Re: County Court Claim - Statute Barred?

              Thanks Ostell, I was planning on double checking with the court. Assuming its correct, do I need to follow up with a letter to them or the court or is it worth just ignoring it all together?

              Comment


              • #8
                Re: County Court Claim - Statute Barred?

                Originally posted by dele11 View Post
                I was planning on double checking with the court. Assuming its correct, do I need to follow up with a letter to them or the court or is it worth just ignoring it all together?
                Under CPR 38.3 the Claimant (or their legal representatives) must serve a Notice of Discontinuance on you (the Defendant) and file a copy at court which says they've done that.

                https://www.justice.gov.uk/courts/pr...es/part38#38.3

                When is the Hearing listed?

                Di
                I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                Comment


                • #9
                  Re: County Court Claim - Statute Barred?

                  Thanks, hearing is due 6 Sep 2017 and letter of dciscontinuance was received today from the solicitors.

                  Comment

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