Claims stayed -Statute Barred debt

[Heebee23]

Hi there everyone,

Need a bit of advice again.

As the title says Claim stayed - Statute Barred Debt.
Claim has been stayed for 7 months and have now received a letter from Arrow Global and Restons with an unsigned print out of a Credit Agreement and statement of payments made on the account.The last one being 2009.

They say this proves ownership of Debt and they will be commencing proceedings.
But my whole case was argued on Statute Barred and the documents prove this so am not quite sure how to proceed.

Any advice about how to go forward would be appreciated.

Thanks in advance.

[Diana M]

Re: Claims stayed -Statute Barred debt

As the title says Claim stayed - Statute Barred Debt.
Claim has been stayed for 7 months and have now received a letter from Arrow Global and Restons with an unsigned print out of a Credit Agreement and statement of payments made on the account.The last one being 2009.

They say this proves ownership of Debt and they will be commencing proceedings.
But my whole case was argued on Statute Barred and the documents prove this so am not quite sure how to proceed.

They may well say they have proof Arrow owns the debt but that doesn't necessarily mean they can enforce it in court.

I assume the letter says they'll be applying to lift the stay and continue with proceedings or does it threaten to make an Application for a Summary Judgment to strike out your Defence as having no merit?

Either way I see no reason for you to respond.

Did you only plead Statute Barred in your Defence or did you include other legal arguments such as non compliance with any s 77-79 CCA Request?

Did you ask Restons to produce any documents under CPR 31.14 such as the Default Notice (which can be relevant to the SB argument)?

Is the claim for a loan or credit card or something else?

Di

[Diana M]

Re: Claims stayed -Statute Barred debt

Need a bit of advice again.

As the title says Claim stayed - Statute Barred Debt.
Claim has been stayed for 7 months .

Does this new thread relate to your other thread here >

http://legalbeagles.info/forums/show...l=1#post732291

Di

[Heebee23]

Re: Claims stayed -Statute Barred debt

Thanks for the reply Di.

In answer to your questions:

Statute Barred was my complete defence.

Asked Restons to produce documents under CPR etc they responded saying they didn’t have to as I would have had all relevant documents sent to me when I applied for the credit card.p and when the Debt defaulted.They also accused me of using templates to try and get out of paying the debt.I wouldn’t mind but their response was a template letter as well. ��.

To clarify a bit ,the last letters were both from Restons and Arrow with a unsigned print out of a credit agreement and copy of statements up until the end of 2009.

There was no mention of lifting the stay just a note of now these documents are in my possession that I should pay .It also said the final owned amount could change based on what course of action they May decide to take.

I suppose I just wanted to know if I should respond pointing out that proof of last payment supports my defence or ignore it really.

[Heebee23]

Re: Claims stayed -Statute Barred debt

It does Di but with a slight change to the back story.

I though I had made payments after the Statute Barred date.It was a Sainsbury’s CC and I found payments on my statement to Sainsbury’s so though I had messed up..On closer inspection they were payments for petrol I had made on my debit card at the local Sainsbury’s garage so my original argument was intact correct and the statements of payments they have send prove this.

[Diana M]

Re: Claims stayed -Statute Barred debt

I though I had made payments after the Statute Barred date.It was a Sainsbury’s CC and I found payments on my statement to Sainsbury’s so though I had messed up..On closer inspection they were payments for petrol I had made on my debit card at the local Sainsbury’s garage so my original argument was intact correct and the statements of payments they have send prove this.

It's always wise to plead more than one legal argument. Putting all your eggs in one basket can be risky especially with SB where the last payment isn't necessarily the Cause of Action for SB purposes.

Have you ever sent a formal s 77-79 CCA Request to Arrow together with £1 for the statutory fee?

I see from your other thread that you sent a SAR to Sainsburys does the Transaction Log reveal the date any Default Notice was issued/served and/or when the account was terminated?

How much is the claim because Restons don't walk away from claims if they can help it?

If the claim is less than £10k then they may consider continuing because if they lose they won't have to pay your legal costs unless they've acted unreasonably.

I can see I suggested on your other thread that you may benefit from filing an Amended Defence at some point.

Di

[Heebee23]

Re: Claims stayed -Statute Barred debt

Cca was sent after defence and I think the recent documents received are supposed to be in relation to that.

The original SAR doesn’t contain a Default letter or any notification of one being sent on the numerous pages of transactions and the only transaction I can see relating to Default is Debt paid off 03/2009....Whatever that means.