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Court claim paperwork received

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  • Court claim paperwork received

    Good evening.

    Yesterday I got court claim paperwork, I've had no pre court claim letter.
    The debt is for a catalogue which at first I couldn't remember about.

    Going back through bank statements I can see my last payment to them was in January 2013.

    Now if I've done my research correctly that means that if you allow the 6 months for the original creditor to register a default that would take it to July 2013?
    There has never been a default on my credit file for this debt up until the end of last month Oct 2019 when Lowell added it.

    Would this debt be statute barred as I believe it is?

    If so how do I fill in the N9B to defend the claim as statute barred?

    Many thanks in advance.
    Tags: None

  • #2
    It sounds like it might be statute barred but it is worth checking and obtaining the relevant documentation so you can defend on alternative grounds as well.

    If you can have a read https://legalbeagles.info/library/gu...y-court-claim/
    and give us a bit more info on the claim as per the form it will help guide you through dealing with the claim.

    First job is to acknowledge service.
    “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

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    Comment


    • #3
      Hi Amethyst thanks for your reply please find below the details.

      Received a claim? Yes
      Issue Date: 04/11/2019
      Have you Acknowledged the Claim?: YES
      Total Amount Claimed : £4,100
      Claimant’s Name: Lowell Portfolio i LTD
      Solicitors Firm: Lowell Solicitors limited
      Original Creditor: Very
      Original Debt (eg. Credit card/Loan/Overdraft) : Catalogue
      Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
      1) the defendant entered into an agreement with very - littewoods/additions direct which was regulated by the consumer credit act 1974 under reference xxxxxx on 25/03/1020 ('the agreement')
      2) In breach of the agreement, the defendant failed to maintain the required paymentsa nd the agreement was terminated.
      3) The agreement was later assigned to the Claiment on 12/12/2014 and written notice given to the defendant.
      4) Despite repeated requests for payments, the sum of £3,600 remains due and outstanding. And the claimant claims A) the said sum of £3,600 b) interest pursuant to s69 count courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.772, but limited to one year, being £300 C) costs.

      Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): I beleive it is statute barred last payment made in Jan 2013 with no communication since.
      List any letters you have sent (eg: CCA/ CPR ): NONE
      Any Other Information or Background Details:
      Last edited by rusty2009; 8th November 2019, 08:45:AM.

      Comment


      • #4
        What date do I put in the letter to the Solicitor?

        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 on xx/xx/xxxx

        Comment


        • #5
          Here's the letter I've done which I'm hoping to send today.

          To the solicitor from the template.

          Dear Sir/Madam
          Claim Number: xxxxx

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

          On 06/11/2019 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 on 01/12/2019.

          1. Agreement
          2. Termination Notice
          3. Notice of Assignment


          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, 08/11/2019.

          I look forward to hearing from you.

          Comment

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          SHORTCUTS

          Pre-Action Letters
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          Check dates
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          If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


          NOTE: If you receive a court claim note these dates in your calendar ...
          Acknowledge Claim - within 14 days from Service

          Defend Claim - within 28 days from Service (IF you acknowledged in time)

          If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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