Results 1 to 4 of 4

Thread: County Court Claim - Statute Barred?

  • Share
  • Thread Tools
  • Display
  1. #1
    Join Date
    Mar 2017
    Posts
    2
    Mentioned
    0 Post(s)

    Post 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

  2. #2
    Join Date
    Sep 2009
    Posts
    10,828
    Mentioned
    410 Post(s)

    Default 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

  3. #3
    Join Date
    Mar 2017
    Posts
    2
    Mentioned
    0 Post(s)

    Default 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?

  4. #4
    Join Date
    Sep 2009
    Posts
    10,828
    Mentioned
    410 Post(s)

    Default 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

Similar Threads

  1. Replies: 21
    : 2nd January 2017, 23:39:PM
  2. **WON** county court statute barred debt
    By andy52 in forum Concluded Cases
    Replies: 32
    : 27th September 2016, 09:03:AM
  3. **WON** county court statute barred debt
    By andy52 in forum Received a Court Claim?
    Replies: 32
    : 27th September 2016, 09:03:AM
  4. Replies: 37
    : 5th July 2016, 07:23:AM
  5. **Discontinued**County court claim for Statute Barred Debt
    By Marvins in forum Received a Court Claim?
    Replies: 37
    : 5th July 2016, 07:23:AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Contact Us



© Celame (UK) Ltd 2016
Hosted by Lodge Information Services Ltd
LegalBeagles® are DPA Registered No. ZA158014
LegalBeagles® is the trading name of CELAME (UK) LIMITED ( 09220332 )
Registered Address: 25 Moorgate, London, England, EC2R 6AY
VAT registration number 206 9740 02
User Alert System provided by Advanced User Tagging v3.1.3 (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.
Feedback Buttons provided by Advanced Post Thanks / Like (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd. Runs best on HiVelocity Hosting.
Celame (UK) Ltd Powered by vBulletin® Version 4.2.3
Copyright © 2017 vBulletin Solutions, Inc. All rights reserved.

To find out more about managing your money and getting free advice, visit the Money Advice Service,an independent service set up to help people manage their money.

TOP