Claim form and statue of limitations reply?

[Nibbler]

Re: Claim form and statue of limitations reply?

The £1 fee cannot be taken as a payment towards the debt, as it is the legal fee required for the CCA request.-

As already said, they have to bring legal proceedings with 6 years of the last acknowledge or payment. They've brought proceedings already now, so it was either in or outside the time limit when the court received the claim. Nothing you do, or write, or pay, now changes that fact as it is done.

[Kafka]

Re: Claim form and statue of limitations reply?

I think Nibbler has touched all the remaining bases :ymca:

[Nibbler]

Re: Claim form and statue of limitations reply?

I hope so anyway.

[Appleuk]

Re: Claim form and statue of limitations reply?

Hi Guys an update and some help if you dont mind....

Im getting close to needing to submit my reply now and have done the following....

1. I requested the CCA from Cabot.... They have replied and said they dont have it but have requested it from the original lender and expect it within the next 40 days!?
2. I sent (recorded) a CRP 31.14 to the solicitors... I sent it on 31 June.... They signed for it 2 July.... The letter said to provide the information they hold within 7 days.... Ive had nothing from them at all.
3. I have obtained a copy of my credit file and there is nothing showing on there... Its actually showing as a good score for my credit score.

So that being the case am I right that i put all 3 as defences.

Statue barred firstly?

What do I put for the other 2 parts?

The no CCA (even tho they said they will reply within 40 days which is obviously too late)

And the No reply to the CRP request from Mortimer Clarke.

On the online system I don't think I can upload proof in terms of the signed for thing from the post office and the cabot letter can I? But do I put the information dates requested etc on the defence?

Is there any pro forma for the no reply to slot information into?



In terms of the statue Barred part I have got this so far....

"1 The Claimant's claim was issued on 25 June 2014.

2 The Claimant 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 £XXXXX or
any other sum, or relief of any kind is denied."




Many thanks again in advance!

[FlamingParrot]

Re: Claim form and statue of limitations reply?

Im getting close to needing to submit my reply now and have done the following....

I requested the CCA from Cabot.... They have replied and said they dont have it but have requested it from the original lender and expect it within the next 40 days!?

Sounds like some badly trained monkey they employ got their requests mixed up, they have 40 days to respond to a SAR but only 14 for a CCA request! :doh:

Having said that, there's no need to chase the CCA request. :tape2:

I sent (recorded) a CRP 31.14 to the solicitors... I sent it on 31 June.... They signed for it 2 July.... The letter said to provide the information they hold within 7 days.... Ive had nothing from them at all.

Normally in these circumstances you'd try to get them to agree to an extension, however, if the debt is SBd, the documents won't make much difference.

I have obtained a copy of my credit file and there is nothing showing on there... Its actually showing as a good score for my credit score.

Defaults drop off after 6 years. Credit files are not an accurate indicator of SBd status due to the fact many people make payments after defaulting, however, if you know you didn't, then you should be OK with SBd as defaults are always recorded AFTER you stop paying. :thumb:

On the online system I don't think I can upload proof in terms of the signed for thing from the post office and the cabot letter can I? But do I put the information dates requested etc on the defence?

Is there any pro forma for the no reply to slot information into?

You don't need to supply proof with your defence, that would come later, however, if your defence is based around limitation, then you don't need to prove it's SBd, the onus would be on THEM to PROVE it isn't.

[FlamingParrot]

Re: Claim form and statue of limitations reply?

In terms of the statue Barred part I have got this so far....

"1 The Claimant's claim was issued on 25 June 2014.

2 The Claimant 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 £XXXXX or
any other sum, or relief of any kind is denied."

Only I think the paragraph below should read:
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.

...since you are the defendant rather than the claimant. :thumb:

[FlamingParrot]

Re: Claim form and statue of limitations reply?

So that being the case am I right that i put all 3 as defences.

Statue barred firstly?

What do I put for the other 2 parts?

The no CCA (even tho they said they will reply within 40 days which is obviously too late)

And the No reply to the CRP request from Mortimer Clarke.

I'd say that, since SBd is an absolute defence, you don't need to say anything else. Even if they sent you a shiny CCA with your signature and all the terms from inception clearly legible and all the documents you requested under the CPR, it would still be SBd if there's been no payment or acknowledgment in the past 6 years. That would make it unenforceable without the need for further arguments IMHO.

[Amethyst]

Re: Claim form and statue of limitations reply?

Sticking my oar in (again sorry)

2 The Claimant 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.

Paragraph is far too complicated for what it needs to be.

The Defendant contends that as this is a claim in contract and an excess of 6 years have passed since any cause of action may have accrued, any alleged debt is therefore statute barred pursuant to section 5 of the Limitation Act 1980.

[Appleuk]

Re: Claim form and statue of limitations reply?

Ok Guys i'm going to submit my reply at lunch time.

This is what I have done. I want to try and cover all possible defences just in case?

Does it look ok?

Sorry to keep asking just panicking a bit.



1 The Claimant's claim was issued on 25 June 2014.

2 The Defendant contends that as this is a claim in contract and
an excess of 6 years have passed since any cause of action may
have accrued, any alleged debt is therefore statute barred
pursuant to section 5 of the Limitation Act 1980.

3. The Defendant made a CCA on 30 June 2014. The Claimant replied
on 7 July confirming they do not hold one and have requested one
which they estimated would take 40 days.

4. The Defendant made a CRP request of the Claimants solicitor on
30 June 2014 which was delivered and signed for by the Claimants
solicitor on 2 July 2014. As required 7 days was given for the
information to be provided. As of 21 July no information or reply
has been received.

5 The Claimant's claim to be entitled to payment of £XXX or
any other sum, or relief of any kind is denied.

[Amethyst]

Re: Claim form and statue of limitations reply?

Amended a little bit.


1 The Claimant's claim was issued on 25 June 2014.

2 The Defendant contends that as this is a claim in contract and
an excess of 6 years have passed since any cause of action may
have accrued, any alleged debt is therefore statute barred
pursuant to section 5 of the Limitation Act 1980.

3. The Defendant made a formal request for a copy of the original agreement under section 78(1) Consumer Credit Act 1974 on 30 June 2014. The Claimant replied
on 7 July confirming they do not hold a copy and have requested one from the original creditor. While the default of the request continues the claimants is unable to enforce the debt pursuant to s 78(6) on the Consumer Credit Act 1974.

4. The Defendant made a request for inspection of documents mentioned in the Statement of Case under Civil Procedure Rule 31.14 on
30 June 2014 which was delivered and signed for by the Claimants
solicitor on 2nd July 2014. As of 21st July no information or reply has been received.

5. The Defendant contends the Claimant should have the documents on which he intends to rely in his claim before commencement of proceedings.

5 The Claimant's claim to be entitled to payment of £XXX or any other sum, or relief of any kind is denied.

[Appleuk]

Re: Claim form and statue of limitations reply?

Thanks great thank you so much for all your help.

[Appleuk]

Re: Claim form and statue of limitations reply?

Hi Guys

I just thought id update you all on this.....

I sent my defence and got a reply from Cabot saying they were looking into it basically....

Ive heard nothing since and its been 3 months now.

I've just rang the court to see about having it removed now and they just said its now they have heard nothing also and in been moved into a state of hold and I could apply to have it struck out but would have to pay a fee of £50 is that right?

They also said the claimant would also have to pay an additional fee now to have it reinstated but they can do that at any time?

Am I right in thinking if I do apply to have it struck out and its successful it would mean they couldn't take any legal action against me in the future?

[creweman]

Re: Claim form and statue of limitations reply?

Hello sorry to ask you a question but I could do with some help.
i had a loan with welcome finance about 8 years ago I made some payments at first then came into some money problems so stopped paying. The last payment I made was around 7 years ago I have had a court order from Reston through Cabot I have defended this on the basis that it is statured barred. I have had a reply from the court saying they have sent the defence too them .
on the 07/01/2015 I received a letter from Reston saying I have not provided any evidence that I have not made ant payments in the last 6 years and they want me to fill out a n94 form to change my plea please can you help me on this
thanks Ian

[molly001]

Re: Claim form and statue of limitations reply?

Is it not for them to prove ? Or am I missing the point ?

[Appleuk]

Re: Claim form and statue of limitations reply?

Hello sorry to ask you a question but I could do with some help.
i had a loan with welcome finance about 8 years ago I made some payments at first then came into some money problems so stopped paying. The last payment I made was around 7 years ago I have had a court order from Reston through Cabot I have defended this on the basis that it is statured barred. I have had a reply from the court saying they have sent the defence too them .
on the 07/01/2015 I received a letter from Reston saying I have not provided any evidence that I have not made ant payments in the last 6 years and they want me to fill out a n94 form to change my plea please can you help me on this
thanks Ian

Yes how on earth can you prove you have not made payments? They have to prove you have made a payment to show that you have made a payment?!?!