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Hello this is my first post, if its not in the correct section please move the thread.
Details:
Received a claim? Yes
Issue Date: 8th August 2019
Have you Acknowledged the Claim?: Filed a dispute to the court
Total Amount Claimed : £1200
Claimant’s Name: PRAC Financial Limited
Solicitors Firm: BW Legal
Original Creditor: MEM CONSUMER FINANCE LIMITED
Original Debt : PAYDAY LOAN
Particulars of Claim:
The claimant's claim is for the sum of £856.55 being monies due under a loan agreement regulated by the Consumer Credit Act 1974 between the Defendant and Instant Cash Loans Limited t/a Payday UK under account reference xxxxxxxx and assigned to the claimant on 09/12/2016, notice of which has been given to the Defendant. The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of £0.19) from the date of assignment of the agreement to 07/08/2019 being an amount of £184.68.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): YES
List any letters you have sent (eg: CCA/ CPR ): CCA REQUEST
Any Other Information or Background Details:
1. They have replied to my letter of request.
2. Original agreement does not have my signature only my surname and the date
3. I was not in the country at the time/date of agreement- I have a flight ticket from 19th July 2013 (3 days before agreement was signed)
4. The agreement was signed 22/7/13. The due payment date was 31/7/13.
5. Defence filed to the court:
5a. "The debt is time barred under the Limitation Act 1980 section 5 in that the last payment or acknolwedgement of the debt was made over 6 years ago and no further acknowledgement or payment has been made since that time. The claim is denied.
5b. The Defendant puts the Claimant to Strict Proof that they owe the alleged debt to the Claimant and unless the Claimant produces evidence to the satisfaction of the Defendant and the Court of the Defendant's indebtedness to the Claimant within 7 days of the service of this notice, the Defendant shall make application to the Court to strike out the Claimant's claim.
6. I received the court letter on my return from holiday and had to reply immediately as i was on day 15 already. I read that Northampton County Court allows up to 19 days so i should be within that time.
So I am looking at my defence being 1. time barred, 2. i was not in the country, 3. there is no signature on the agreement
Is this likely to be successful? I have had no contact with them at all prior to this. I lived abroad from 2013-2018.
Details:
Received a claim? Yes
Issue Date: 8th August 2019
Have you Acknowledged the Claim?: Filed a dispute to the court
Total Amount Claimed : £1200
Claimant’s Name: PRAC Financial Limited
Solicitors Firm: BW Legal
Original Creditor: MEM CONSUMER FINANCE LIMITED
Original Debt : PAYDAY LOAN
Particulars of Claim:
The claimant's claim is for the sum of £856.55 being monies due under a loan agreement regulated by the Consumer Credit Act 1974 between the Defendant and Instant Cash Loans Limited t/a Payday UK under account reference xxxxxxxx and assigned to the claimant on 09/12/2016, notice of which has been given to the Defendant. The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of £0.19) from the date of assignment of the agreement to 07/08/2019 being an amount of £184.68.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): YES
List any letters you have sent (eg: CCA/ CPR ): CCA REQUEST
Any Other Information or Background Details:
1. They have replied to my letter of request.
2. Original agreement does not have my signature only my surname and the date
3. I was not in the country at the time/date of agreement- I have a flight ticket from 19th July 2013 (3 days before agreement was signed)
4. The agreement was signed 22/7/13. The due payment date was 31/7/13.
5. Defence filed to the court:
5a. "The debt is time barred under the Limitation Act 1980 section 5 in that the last payment or acknolwedgement of the debt was made over 6 years ago and no further acknowledgement or payment has been made since that time. The claim is denied.
5b. The Defendant puts the Claimant to Strict Proof that they owe the alleged debt to the Claimant and unless the Claimant produces evidence to the satisfaction of the Defendant and the Court of the Defendant's indebtedness to the Claimant within 7 days of the service of this notice, the Defendant shall make application to the Court to strike out the Claimant's claim.
6. I received the court letter on my return from holiday and had to reply immediately as i was on day 15 already. I read that Northampton County Court allows up to 19 days so i should be within that time.
So I am looking at my defence being 1. time barred, 2. i was not in the country, 3. there is no signature on the agreement
Is this likely to be successful? I have had no contact with them at all prior to this. I lived abroad from 2013-2018.
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