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I received:
Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The
only action the claimant can then take will be to apply a judge for an order lifting the stay.
- A letter from HM Courts saying:
I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant’s solicitor). The claimant may contact you direct to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.
Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The
only action the claimant can then take will be to apply a judge for an order lifting the stay.
- A letter from Robinson Way dated saying:
Thank you for your recent contact.
We apologise for the delayed contact and for any inconvenience caused. We acknowledge receipt of your request under sections 77/79 of the Consumer Credit Act 1974. We have passed your document request to the relevant department and they are currently dealing with your request.
Please note that under the new General Data Protection Regulation (GDPR) you are no longer required by law to pay £1.00 in order to request your credit agreement. Please find enclosed return of your £1.00 fee.
Your account will remain on hold until we resolve your query. In the meantime, if you have any questions please contact our clients solicitors Howard Cohen & Co - A letter rom Howard Cohen saying:
We acknowledge receipt of your defence dated xxx in which you put the claimant to strict proof and also assert that any debt would be statute barred.
We can confirm that this matter relates to a Tesco Credit Card agreement opened on the xxx. Please find enclosed a copy of the original Notice of Assignment from Tesco. Dated xxx, which confirms the assignment all of their rights in connection with your account. Also, enclosed are copies of the subsequent assignments to the Claimant.
Reference s.5 of the Limitation Act 1980 which for the avoidance of doubt dictates:- “An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued”.
The records show that the last payment received from you was in the sum of xxx on the xx xx with a Default being registered on xx. Under paragraph 5, s.29 of the Limitation Act 1980, the right of action accrues on the date you acknowledge or make payment in respect of the debt. The Claim Form was issued on the xxx which is within the 6 year limitation period; therefore the Claimant would contend that the debt claimed in these proceedings is not statute barred.
We have requested the original documentation from our Client and we will contact you again once this is received. In the meantime, we can confirm that our client will consifer any reasonable offer to discharge the debt claimed in these proceedings. If you wish to settle the Claim at this stage, please contact this office to discuss any such proposals accordingly, alternatively fill in the attached form and submit your proposals. - A large pack of letters from Tesco with account history (they have the same date as Howard Cohen as last payment date) along with original credit agreement, letters chasing debt etc
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