I never acknowledged letter before claim now I've recieved claim form

[jaguarsuk]

Hello GBexile.

What I meant was, I payed £1 to the creditor through my internet bank by mistake. I was Meant to send the payment to someone else but accidentally hit the wrong button as stupid as it sounds.

I'm aware that I possibly reset the clock for statute barred because of this ?

Yes, if you paid them a pound you reset the Statute Barred clock to zero as of that date. You need to find out if you did indeed pay them as it's very important.

I've just arrived home and the Solicitor has written me advising me that if I'm in a position to settle now then I should contact them immediately. They said arrow global Ltd instructed them to issue a claim.

Would they accept a reduced amount.

ive received several letters in the past offering reduced settlement which I ignored.

Any help and advise would be greatly appreciated please.

You can if you wish attempt to negotiate, but that doesn't need to be right away. Even after filing a defence there's a chance to mediate and even if that fails you can still negotiate.

What you have to think is what position am I negotiating from right now? They have filed a claim, you contact them basically showing you are terrified and the balance of power in the negotiation is all on their side.

Let's make them do some work first, send the CPR 31.14 request for a copy of the Credit Agreement, Default Notice and Notice of Assignment.

You need to also send a Subject Access Request Letter to the original bank you had the account with, let's see what info they have because if they can't produce a default notice or notice of assignment what chance do Arrow have?

What agreement have you got? This is an overdraft, so there shouldn't be a credit agreement.

[Speng1]

Yes, if you paid them a pound you reset the Statute Barred clock to zero as of that date. You need to find out if you did indeed pay them as it's very important.


"Thanks for reply. whats the easiest way to find out this information apart from checking bank statements ?"


You can if you wish attempt to negotiate, but that doesn't need to be right away. Even after filing a defence there's a chance to mediate and even if that fails you can still negotiate.


"I will not be negotiating now as with the help and advise I'm receiving, I'm beginning to understand the process more and feel more at ease so thank you to all."


What you have to think is what position am I negotiating from right now? They have filed a claim, you contact them basically showing you are terrified and the balance of power in the negotiation is all on their side.

Let's make them do some work first, send the CPR 31.14 request for a copy of the Credit Agreement, Default Notice and Notice of Assignment.

You need to also send a Subject Access Request Letter to the original bank you had the account with, let's see what info they have because if they can't produce a default notice or notice of assignment what chance do Arrow have?

What agreement have you got? This is an overdraft, so there shouldn't be a credit agreement.

"Good question. It was indeed an overdraft that just raked up interest charges as i lost my job at some point and couldn't afford to pay the interest."

[Speng1]

Here is a template Ive adjusted. could you please check it before I send and just to double check, do I send this to the Solicitors to confirm and keep a copy for my defence.?


Dear Sirs,

Claim Number:




Request for documents mentioned in a statement of case under CPR 31.14




On ******** I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.




To enable me to file my defence and / or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence onxx/xx/xxxx


I request the following documentation from yourselves.


1. Credit Agreement
2. Default Notice
3. Notice of Assignment
4. Balance ????


In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.

I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, xx/xx/xxxx.




I look forward to hearing from you.

Yours sincerely

Your Name

[Speng1]

I'm also sending Subject Access Request Letter as of tomorow to original creditor.

[jaguarsuk]

You need to request what they listed in the particulars of claim, as you haven't copied or posted them I can't say what that is, but because it for an overdraft there's no credit agreement.

Likelihood is it'll be:

1. Agreement
2. Notice of Default or Default Notice
3. Notice of Assignment

You'll need to delete the last paragraph in bold as well, this is not applicable to your claim.

[Speng1]

jaguarsuk Yes it is for those 3 points you mention.

Thanks for the heads up. I will Adjust after I finish work.

Are these also part of my defence ie the letters I send etc

[jaguarsuk]

jaguarsuk Yes it is for those 3 points you mention.

Thanks for the heads up. I will Adjust after I finish work.

Are these also part of my defence ie the letters I send etc

Kind of, you can read the Example Defence to get an idea of where we are going with this, but it'll very much depend on what is disclosed.

[Speng1]

Thanks again. I'll keep you updated

[Speng1]

Unfortunately I wasn't able to get things done as I predicted. I have about 5 days left.

As it stands, Ive just as of today sent of CPR 31.14 Request.

That is all so far.

In my defence do I just state this ? Im so worried . Just dont want a ccj .

[jaguarsuk]

Unfortunately I wasn't able to get things done as I predicted. I have about 5 days left.

As it stands, Ive just as of today sent of CPR 31.14 Request.

That is all so far.

In my defence do I just state this ? Im so worried . Just dont want a ccj .

You haven't done yourself any favours and whilst you can plead all the points in the example defence, you don't actually know which ones relate to you. You need to file a defence before the deadline.

[Speng1]

Yes your right.

I have sent of the subject access request and the cpr31.14 .

I've put the correct points that being 3 in the cpr31.14.

1. Agreement
2. Notice of Default or Default Notice
3. Notice of Assignment

I'll post a copy of my example defence after work and if you could kindly check it for me I'd be most grateful.

[Speng1]

Particulars of claim are as follows :

1. The claim is for for the sum of **** in respect of monies owing by the defendant on a credit agreement held by the defendant with Halifax which defendant failed to maintain payments.

2. A default notice was served upon the defendant and has not been complied with.

3. The balance owed was assigned from Lloyds banking group to the claimant and the defendant has been notified of the assignment by letter. Contact ****** Solicitors.


My Defence as Follows.

DEFENCE

1.I received the claim [Claim Number] from the Northampton County Court on or around the 09/05/2019

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3.This claim appears to be for a [Credit agreement regulated under the Consumer Credit Act 1974.
4.It is denied that the Defendant has previously entered into [an agreement] with [Halifax Bank] for provision of credit.
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 Claimant’s Particulars of Claim [fails to state when the agreement was entered on xx/xx/xxxx]
7.[The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years]
8.The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.
9.It is denied that [Halifax] 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. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
10.On the [30/05/2019] The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to [Claimant’s Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment].
On the 30/05/2019, I also sent a Subject Access Request under the Data Protection Act to Halifax Bank.
11.[Claimant’s Solicitor] has not sent any of these documents to the Defendant.

12.On the [30/05/2019] The Defendant sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
13.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.
14. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of the 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 do so.]
15.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.
16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.
17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.
18.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

Please could you check this for me I'd be most grateful. Ive amended a few things but I'm sure I've made errors and regards to some of the points, I'm not sure that they all appy to me.

Also the claim date was recieved on the 09/05/2019 and I acknowledged around the 21st May. I had a read and it appears to be a total of 33 days correct me if I'm wrong.

I've been doing a lot of reading on the site and have finally begun getting to grips with all of this therefore I'm feeling better about it.

Thanks in advance for you help.

[jaguarsuk]

Also the claim date was recieved on the 09/05/2019 and I acknowledged around the 21st May. I had a read and it appears to be a total of 33 days correct me if I'm wrong.

I've been doing a lot of reading on the site and have finally begun getting to grips with all of this therefore I'm feeling better about it.

Thanks in advance for you help.

Okay, you have until the 11th June to file, so you need to wait for them to reply to your CCA and CPR 31.14 requests, then the defence can be amended accordingly.

[Speng1]

Okay, you have until the 11th June to file, so you need to wait for them to reply to your CCA and CPR 31.14 requests, then the defence can be amended accordingly.

Ok thank you very much for your reply.

Ok. I will wait and see what happens within the next 7 days if anything that is.

[Speng1]

well as of today, I've recieved no correspondence from either party although it's only been a week ?

My defence is due by Monday 11th June.

Could you please help me to amend it and can I just send it online where I acknowledged the claim please.