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    Default Statute Barred or not Statute Barred?

    Hi,


    Thanks in advance for any advice you can give me.
    I received a claim form from County Court Business centre on Saturday,for a debt to Shop Direct (Littlewoods).
    I believe this debt to be statute barred as the last payment/acknowledgement was on 03/09/2010 (6yrs 9mths ago). The only reason I know so exactly is because I was able to go back through my bank statements and check).


    I spoke to Lowells solicitors this a.m. and was told that it is not statute barred as they have note of a payment on Nov 2010 (6yrs 7mths)!!

    When I pointed out that this was also 'over 6 years', he said that the six years starts when the account is 'defaulted' – August 2011 - just inside the 6 years.


    So, my question is – when does the 6 years start – are they trying it on in the hope that I don't know better?


    I haven't sent CCA or CPR requests yet, but have them ready to go. Nor have I logged into MCOL yet as not sure what to put.
    My biggest problem is that I'm going on holiday on 3rd June and won't be back until 18th June.
    Below are details of claim, any advice would be very much appreciated.

    IssueDate:
    24thMay 2017

    Amount approx:
    £300

    Claimant:
    LowellPortfolio

    Solicitor:
    LowellSolicitors

    OriginalCreditor:
    ShopDirect

    Particulars of Claim:

    1. The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Shop Direct under account ref Rxxxxxxxxx ('the agreement')
    2. The defendant failed to maintain the required payments and a default notice was served and not complied with
    3. The Agreement was later assigned to the Claimant on 19/08/2011 and notice given to the defendant
    4. Despite repeated requests of payment, the sum of £xxx remains due and outstanding.
      And the Claimant claims
      a) The said sum of £xxx
      b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing daily at a rate of £0.045, but limited to one year being £xxx
      c) Costs
    Last edited by laneebanana; 30th May 2017 at 17:09:PM.

  2. #2
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    Default Statute barred or not statute barred?

    Hi,


    Thanks in advance for any advice you can give me.
    I received a claim form from County Court Business centre on Saturday,for a debt to Shop Direct (Littlewoods).
    I believe this debt to be statute barred as the last payment/acknowledgement was on 03/09/2010 (6yrs 9mths ago). The only reason I know so exactly is because I was able to go back through my bank statements and check).


    I spoke to Lowells solicitors this a.m. and was told that it is not statute barred as they have note of a payment on Nov 2010 (6yrs 7mths)!!

    When I pointed out that this was also 'over 6 years', he said that the six years starts when the account is 'defaulted' – August 2011 - just inside the 6 years.


    So, my question is – when does the 6 years start – are they trying it on in the hope that I don't know better?


    I haven't sent CCA or CPR requests yet, but have them ready to go. Nor have I logged into MCOL yet as not sure what to put. My biggest problem is that I'm going on holiday on 3rd June and won't be back until 18th June.
    Below are details of claim, any advice would be very much appreciated.

    IssueDate:
    24thMay 2017

    Amount approx:
    £300

    Claimant:
    LowellPortfolio

    Solicitor:
    LowellSolicitors

    OriginalCreditor:
    ShopDirect

    Particulars of Claim:


    1. The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Shop Direct under account ref Rxxxxxxxxx ('the agreement')
    2. The defendant failed to maintain the required payments and a default notice was served and not complied with
    3. The Agreement was later assigned to the Claimant on 19/08/2011 and notice given to the defendant
    4. Despite repeated requests of payment, the sum of £xxx remains due and outstanding.
      And the Claimant claims
      a) The said sum of £xxx
      b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing daily at a rate of £0.045, but limited to one year being £xxx
      c) Costs

  3. #3
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    Default Re: Statute Barred or not Statute Barred?

    Hi laneebanana & welcome to LB

    Firstly, acknowledge the claim asap.
    Defend in full.
    Do not dispute jurisdiction.
    Yes to mediation.
    Do not enter any dialogue in the 'defence' box.

    Secondly, I reckon they're trying it on.
    Even 7 months is well into SB territory.
    & in your particular case, it doesn't matter whether they reckon it starts from the alleged default date, they are wrong/mistaken/lying scumbags*.

    Send the CCA & CPR letters.
    & SAR Shop Direct.

    & btw, stay off the 'phone re Lowells. It's not in their best interests to help you.
    Everything in writing, with proof of postage & file copies.

    *Delete as necessary
    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!"
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  4. #4
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    Default Re: Statute barred or not statute barred?

    Hi

    I've posted on your other thread.
    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

  5. #5
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    Default Re: Statute barred or not statute barred?

    Firstly log in to MCOL and just acknowledge the claim ( intend to defend in full )

    Then get the CPR and CCA letters off. These should give you a back up defence if Statute Barring fails.

    The statute barred date will depend on the terms of the agreement. With shop direct I believe they give themselves the right to demand the full debt if you miss a single payment by the due date - therefore it is likely the due date of the the first missed payment would be the cause of action date and therefore the start of the statute barring period of six years.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    Default Re: Statute barred or not statute barred?

    Quote Originally Posted by charitynjw View Post
    Hi

    I've posted on your other thread.
    Oh tits, didn't see there was another thread... well fingers crossed we've said pretty much the same thing then...

    I'll merge threads so it doesn't get confusticating ( EDIT: DONE )
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    Default Re: Statute barred or not statute barred?

    Quote Originally Posted by Amethyst View Post
    Oh tits, didn't see there was another thread... well fingers crossed we've said pretty much the same thing then...

    I'll merge threads so it doesn't get confusticating ( EDIT: DONE )
    Singing from the same hymn book, Ame.

    ........Oh tits??
    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

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    Default Re: Statute Barred or not Statute Barred?

    Hi, sorry, wasn't sure where to post it
    Thanks for getting back to me so quickly. Just one more thing, with SAR, do I pay with PO as with CCA?

  9. #9
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    Default Re: Statute Barred or not Statute Barred?

    Quote Originally Posted by laneebanana View Post
    with SAR, do I pay with PO as with CCA?
    yep xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

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  10. #10
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    Default Re: Statute Barred or not Statute Barred?

    I am a contrary bar steward and sent a cheque for both cca requests and SAR. I know, not everyone has a cheque book .

    I also scanned the cheques so should they try and lift the signature I could prove it - my signature has changed over the years

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    Default Re: Statute Barred or not Statute Barred?

    I'm no kind of expert in these matters but; had the person you spoke to on the phone read their particulars of claim?

    I ask because they state at #2 that a default notice was served and not complied with (presumably by Shop Direct) and then at #3 that it was assigned later to Lowell August 2011.

    So, how can they say on the phone that it's not statute barred because the agreement defaulted in August 2011?

    Do assignment and default mean the same in Lowell (or the real) world?

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    Default Re: Statute Barred or not Statute Barred?

    Quote Originally Posted by mariefab View Post
    I'm no kind of expert in these matters but; had the person you spoke to on the phone read their particulars of claim?

    I ask because they state at #2 that a default notice was served and not complied with (presumably by Shop Direct) and then at #3 that it was assigned later to Lowell August 2011.

    So, how can they say on the phone that it's not statute barred because the agreement defaulted in August 2011?

    Do assignment and default mean the same in Lowell (or the real) world?
    What seems to happen is that companies hold off defaulting the account (in my opinion to unfairly extend the limitations period) and then default just before they sell on. Although the new FCA system seems to allow many of the debt purchasers to provide credit ( in that way they can take un defaulted accounts) prior to that they couldn't so selling an undefaulted account made it impossible

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    Default Re: Statute Barred or not Statute Barred?

    Good evening,

    See: http://www.legalbeagles.info/forums/...te-barred-debt

    A similar issue, however this was a different solicitor and DCA, however very similar issue (Mainly to give peace of mind), as they won albeit didnt goto court but before the hearing it was closed.

    I have previously contacted national debtline in regards to Statute Barred (It Maybe that I will require assistance and reassurance myself soon as one of mine is 6 years and 5months, and another 6 years and 1month) and this reads the following:

    The cause of action (when the limitation period starts running) for simple contract debts, is usually when your agreement says the creditor is able to take court action because you have fallen behind with payments. This will usually be after one or two missed payments. Sometimes, a debt will have no set repayment time. For these sorts of debts, working out the cause of action is more difficult. Contact us for advice.

    I have read many places that a default can be entered between 3 and 6 months of non payment, so if it is over these timescales then you should have a good case in a court, as to why it hasnt been placed earlier.

    I wish you the best...

  14. #14
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    Default Re: Statute Barred or not Statute Barred?

    Hopefully laneebanana will heed the sound, & in my humble opinion, extremely wise advice given by some venerable, talented person earlier on in this thread.

    Stay off the 'phone.
    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

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    Default Re: Statute barred or not statute barred?

    Hi, Back from Hols to find a letter from Lowell Solicitors saying they have sent a request to original creditor for statement of account and default notice - these will be forwarded upon receipt. Action suspended to allow time for them to receive requested documents.
    Then advice to complete the county court form in time - which I've already done.

    What happens now - do i just wait to hear from them?

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    Default Re: Statute Barred or not Statute Barred?

    As long as you have followed the court process, for now yes just wait

    You have acknowledged service- have you filed your defence ?

    If not this still needs to be done on time

  17. #17
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    Default Re: Statute Barred or not Statute Barred?

    defence is due on Monday 26th June - https://www.timeanddate.com/date/dat...aw=&ad=33&rec= xx

    - - - Updated - - -

    whether or not you hear back from them first!
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

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    Default Re: Statute Barred or not Statute Barred?


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    Default Re: Statute Barred or not Statute Barred?

    Quote Originally Posted by Kati
    defence is due on Monday 26th June -
    whether or not you hear back from them first!
    Ok, sorry for my ignorance, but what sort of thing should I put as my defence?
    Just that I believe the debt is statute barred?
    And do I mention that I have requested and am waiting for evidence of default notice, statement of account and agreement?
    Last edited by Kati; 19th June 2017 at 20:20:PM.

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    Default Re: Statute Barred or not Statute Barred?

    Quote Originally Posted by laneebanana View Post
    Ok, sorry for my ignorance, but what sort of thing should I put as my defence?
    Just that I believe the debt is statute barred?
    And do I mention that I have requested and am waiting for evidence of default notice, statement of account and agreement?
    defence example here - http://legalbeagles.info/forums/show...t-Court-Claims

    have a play/adapt it and post back up for the other Beagles to comment on xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

  21. #21
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    Default Re: Statute Barred or not Statute Barred?

    defence example here - http://legalbeagles.info/forums/show...t-Court-Claims

    have a play/adapt it and post back up for the other Beagles to comment on xx


    Is this OK? Also, it might seem like really daft question, but I'm not feeling very bright tonight - how do I sign and date it if I'm doing it online? And, if my final date for entering my defence is 26th June, should I wait until nearer then or just send it in now?


    1:I received the claim ********* from the Northampton County Court on 27th May 2017

    2:Each and every allegation in the Claimants statement of case isdenied unless specifically admitted in this Defence.



    3: TheDefendant contends that any alleged debt would be statute barred byvirtue of section 5 of the Limitations Act 1980 in that she has notmade payment nor made any acknowledgement of this debt in more than 6years up to the date of issue of this claim.

    4
    :This claim appears to be for a Catalogue Account [ShopDirect/Littlewoods] agreement regulated under the Consumer Credit Act1974.

    5
    :The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

    6:
    The particulars of claim fail to state when the agreement was entered into.

    7:
    The Claimants statement of case states that the account was assigned from Shop Direct/Littlewoods to Lowell Portfolio on 19/08/2011. The Defendant does not recall receiving notice of this assignment.

    8
    .It is denied that Shop Direct/Littlewoods served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

    9
    :On the 31/05/2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

    9.Lowell Solicitors has not sent any of these documents to me.

    10:On the 31/05/2017 I sent a formal request for a copy of the original agreement to Lowell Portfolio pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

    11:The Claimant has failed to comply with s77(1) / s 78(1) Consumer Credit Act 1974 and by virtue of s77(4) / s 78(6) Consumer Credit Act 1974 cannot enforce the agreement.

    12: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim,however they have failed to produce requested documents

    13:Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

    14:I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

    15:In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

    16:It is denied that the Claimant is entitled to the relief as claimed or at all.


    Statement of Truth

    The Defendant believes that the facts stated in this Defence are true.

    Signed…………………………………………

    Dated............................................. ..... ....

  22. #22
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    Default Re: Statute Barred or not Statute Barred?

    It would be s. 78 as running credit so you can take out the references to s. 77

    Remove paragraph 12 as you haven't agreed an extension as far as I can see on your thread ?

    Otherwise sounds fine I'd wait till the 24th just in case you get all the info ( unlikely but it happens occasionally)

    If you submit through mcol you don't need to manually sign it- if by email you can type your name.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    Default Re: Statute Barred or not Statute Barred?

    OK, thanks very much to all for your help, I'll keep you informed of how I get on x

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    Default Re: Statute Barred or not Statute Barred?

    Quote Originally Posted by Kati View Post
    defence example here - http://legalbeagles.info/forums/show...t-Court-Claims

    have a play/adapt it and post back up for the other Beagles to comment on xx



    So, I received a letter from Lowell Solicitors yesterday morning, it says-


    We refer to the matter at the side of the page.


    Please find enclosed copy of the Directions Questionnaire which we have now lodged with the Court. You will shortly receive the same directly from the Court for completion and return.
    The Court will use the information contained in both our copy and yours to make decisions about how the case should proceed.
    If you have any questions or wish to discuss this further please contact us on 0113335 3343


    Attached is a form that they have filled in resettlement/mediation.
    It asks whether I agree to the case being referred to small claims mediation service – they have answered yes to this.


    So,my question is – Do I agree to this as well?


    As far as I'm concerned this debt is statute barred, and they have yet to prove to me that is not the case. Despite sending CCA & CPR I have received nothing from them other than a letter telling me that they have sent a request to Littlewoods asking for copies of original agreement etc, and that they've suspended the action on the case until they receive the documents.


    How can they enter mediation when they don't know/can't prove if they have a case or not?


    What next?


    Thanks in advance

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    Default Re: Statute Barred or not Statute Barred?

    Lowell Solicitors will know only too well that, without disclosure of requested documentation, Mediation Service are very unlikely to be able to deal with the case & usually refer it back to the court.
    The court timetable & processes are paramount; Lowell's 'suspended action' means nothing.
    You should, in due course, receive your own copy of the DQ from the court, which should be completed & returned to the court in a timely manner, & a copy served on the other party (via Lowell Sols).
    I would virtually always tick 'yes' to mediation myself.
    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

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