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**DISCONTINUED** Claim for Statute Barred debt recieved 07Aug 2017

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  • #31
    Re: Claim for Statute Barred debt recieved 07Aug 2017

    Thanks Di, procedural issues I was unaware of.

    We clearly both have the same goal, to help the OP defend their case

    Comment


    • #32
      Re: Claim for Statute Barred debt recieved 07Aug 2017

      Originally posted by warwick65 View Post
      Thanks Di, procedural issues I was unaware of.
      They're not really procedural issues, they're knowing how to play the game.

      No two litigators go about things in the same way. You also need to know your opponent's tactics (from experience of facing them in court or along the way) so you know their Achilles heel.

      I've always said that reading/studying law is one thing, but practising law is another.

      I agree with you that it's all about getting the OP the best result

      Di

      Comment


      • #33
        Re: Claim for Statute Barred debt recieved 07Aug 2017

        Hi

        Sorry I've not had much to add to this until now.

        I've had a conversation with the mediation service (not with the claimant) and we agreed mediation was not appropriate and the case will be transferred to my local court. I am thinking of sending this to HC & Co in the hope they will see the light and end this, has anyone any thoughts or suggestions what I could add? Thanks all for helping me with this.

        Howard Cowen & Co

        Suite 1B
        Joseph’s Well
        Hanover Walk
        Leeds LS31AB 13/11/17
        Dear Sirs
        I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR YOUR CLIENT.
        Re: Claim No.
        Hoist Portfolio Holding 2 Ltd -v-

        Hello

        I have decided to contact you today over this matter after my conversation with the mediation service. We both agreed that this case is unsuitable for mediation and the case will be referred for a court hearing.
        I am very saddened that you have chosen to completely disregard my defence and wish to continue with this vexatious litigation. You must take seriously that this alleged debt is statute barred and I urge you to end this harassment. You are wasting my time and you will be wasting the court's time.
        I will be defending this claim and will be giving evidence, not limited to, informing your client of the fact the alleged debt is statute barred and their blatant denial of the fact, their claim of a payment made 31/03/17 which I believe to be fictitious as I have documentary evidence that no payment was ever made towards this alleged debt for over 7 years.
        I welcome your thoughts on this matter and I look forward to hearing from you at your earliest convenience.

        Comment


        • #34
          Re: Claim for Statute Barred debt recieved 07Aug 2017

          I wouldn't send that confrontational letter.

          Di

          Comment


          • #35
            Re: Claim for Statute Barred debt recieved 07Aug 2017

            Originally posted by Diana M View Post
            I wouldn't send that confrontational letter.

            Di
            Okay thanks for the advice I wonít send it. I didnít see or mean it that way I just canít understand why they are continuing with the action after reviewing my defence. Guess I wait for a court date then?

            Comment


            • #36
              Re: Claim for Statute Barred debt recieved 07Aug 2017

              Originally posted by eiggy View Post
              Okay thanks for the advice I won’t send it. I didn’t see or mean it that way I just can’t understand why they are continuing with the action after reviewing my defence. Guess I wait for a court date then?
              I wasn't condemning the contents of your letter, I was just saying don't send it - although I expect you felt better for writing it. I know I would

              I've not seen the Statute Barred evidence you've got, but you'll have a chance to show it to the court when you file your Witness Statement.

              What happens next is the case will be transferred to your local county court. You'll receive a Notice of Allocation (to the Small Claims Track) with a date of the Hearing and Directions of when you must file your WS. That'll be the moment to present your evidence.

              If you're 1,000% certain of your SB argument then consider writing them a factual letter in which you invite them to Discontinue the claim. That's the same as telling them to "stop wasting my time" but in a more legal way.

              Di

              Comment


              • #37
                Re: Claim for Statute Barred debt recieved 07Aug 2017

                Originally posted by Diana M View Post
                I wasn't condemning the contents of your letter, I was just saying don't send it - although I expect you felt better for writing it. I know I would

                I've not seen the Statute Barred evidence you've got, but you'll have a chance to show it to the court when you file your Witness Statement.

                What happens next is the case will be transferred to your local county court. You'll receive a Notice of Allocation (to the Small Claims Track) with a date of the Hearing and Directions of when you must file your WS. That'll be the moment to present your evidence.

                If you're 1,000% certain of your SB argument then consider writing them a factual letter in which you invite them to Discontinue the claim. That's the same as telling them to "stop wasting my time" but in a more legal way.

                Di
                Thank you Di, I like your idea and I will try that as I really don’t want to go to court. The evidence I have is documents from a SAR made to Barclaycard, letters from DCA’s over years including the current DCA and CC claim which all have the exact same balance for 7 years so the DCA’s Claim of payment made in is false. Relevant I’m not sure but the alleged payment happens to coincide with a CCA request made by me.

                Comment


                • #38
                  Re: Claim for Statute Barred debt recieved 07Aug 2017

                  Have sent this off via email, less confrontational that the last draft thanks for the advice Diana M.


                  Dear Sirs

                  I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR YOUR CLIENT.
                  Re: Claim No.


                  Hoist Portfolio Holding 2 Ltd -v-


                  I have decided to contact you today over this matter following my conversation with the mediation service. We both agreed that this case is unsuitable for mediation and the case will be referred for a court hearing.
                  You must take seriously that this alleged debt is statute barred and I urge you to investigate this fact and see that no payment has been made for over 7 years.
                  I will be defending this claim and will be giving evidence, not limited to, how I have informed your client of the fact the alleged debt is statute barred and that the claim of a payment made 31/03/13 is untrue as I have documentary evidence that no payment has been made towards this alleged debt for over 7 years.
                  I welcome your thoughts on this matter and I look forward to hearing from you at your earliest convenience.
                  Last edited by eiggy; 1st December 2017, 14:48:PM. Reason: Alleged payment date correction, 2013 not 2017

                  Comment


                  • #39
                    Re: Claim for Statute Barred debt recieved 07Aug 2017

                    I have some news to share.

                    CLAIM DISCONTINUED! Notice has been received and the court informed accordingly.

                    I wanted full closure on this so I have approached the claimant over the phone and had an off the record conversation. There was admittance that there had been an error and the CCA request I made in 2013 was 'mistakenly' seen as a payment to the account. How, after reviewing my defence they did investigate and see this I will never know, the who thing stinks of trying their luck.

                    I really hope this thread helps anyone who has taken an interest as maybe you find yourself in my situation. When you are 100% sure of facts stick to your guns. This has really paid off for me through what was a very testing and scary time. I didn't think I would be able to file a defence and deal with going to court, I found it very daunting, maybe they were hoping I wouldn't take it so far, who knows!

                    I've asked for a letter confirming the account is as I insisted statute bared and they said they would oblige.

                    Thanks [MENTION=87380]Diana M[/MENTION] [MENTION=98117]warwick65[/MENTION] and [MENTION=1937]nemisis[/MENTION]45 for all you input and advice. I'd like to thank Diana especially.

                    The saga is over!

                    Comment


                    • #40
                      Re: Claim for Statute Barred debt recieved 07Aug 2017

                      Fantastic !!! Well done !!!

                      I really hope this thread helps anyone who has taken an interest as maybe you find yourself in my situation. When you are 100% sure of facts stick to your guns. This has really paid off for me through what was a very testing and scary time. I didn't think I would be able to file a defence and deal with going to court, I found it very daunting, maybe they were hoping I wouldn't take it so far, who knows!
                      I second that ! These firms tend to rely on 'debtors' being terrified of court and eithering ignoring the forms or paying up because there's so little information out there how to deal with them ... and sadly the debt advice agencies are a tad rubbish when it comes to court claims.

                      Good time of year to have got this off your shoulders too Congrats xxxx
                      I'm away till the 24th August - please contact @Kati if needed

                      ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē Hetty Bower

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                      Comment


                      • #41
                        Re: Claim for Statute Barred debt recieved 07Aug 2017

                        Originally posted by eiggy View Post
                        I have some news to share.

                        CLAIM DISCONTINUED! Notice has been received and the court informed accordingly.

                        I wanted full closure on this so I have approached the claimant over the phone and had an off the record conversation.
                        Excellent news!

                        Commonsense prevailed in the end.

                        Well Done You for taking a deep breath and making that call (so much better than sending them that confrontational letter ).

                        As you say the saga is over and you have closure *phew*

                        Di

                        Comment


                        • #42
                          Re: Claim for Statute Barred debt recieved 07Aug 2017

                          Originally posted by Amethyst View Post
                          Fantastic !!! Well done !!!


                          I second that ! These firms tend to rely on 'debtors' being terrified of court and eithering ignoring the forms or paying up because there's so little information out there how to deal with them ... and sadly the debt advice agencies are a tad rubbish when it comes to court claims.

                          Good time of year to have got this off your shoulders too Congrats xxxx
                          Wouldn't have know what to do if it was not for the info and support on here. From the bottom of my heart, Thank you

                          Comment


                          • #43
                            Re: **DISCONTINUED** Claim for Statute Barred debt recieved 07Aug 2017

                            I'm so pleased for you.

                            You were already sure it was SB all I did was urge you to have a fallback position just in case

                            Comment

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