County Court claim for Statute Barred debt

[echat11]

a) Any idea on how successful these defences are?

Your defence is that the claim is statute barred, that's a fairly straight forward.

b) Any tricks I should be on the look out for? I fear that collection companies aren't beyond making false allegations/claims?

Once they receive your defence, they have 28 days to respond to your defence, facts are facts, so they would be foolish to try anything.

c) Everything I've said is true, but is there anything they could do to make it difficult for me to prove?

As above.

[Warchilo]

I think I'm ready to submit my defence, I'm just unsure about a couple of points.

Should I be including -

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

They haven't mentioned when the default happened in the particulars of the claim, but is it my responsibility to have kept records?

And also -

9.It is denied that HSBC Bank 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.

I do remember having a default on my file that dropped off years ago, but I don't remember when, or if it was for this debt because I had other defaults, I was going through a dark time after leaving the Army and going to uni with undiagnosed mental health issues so my finances collapsed.

I really want to defend this as I can't afford to pay it and I also feel Lowell and Overdales are predatory and don't deserve to be making profits from vulnerable people.

Sorry for all the questions and thanks again for all the help.

[Warchilo]

I've also just realised I haven't sent the 3 letters, does this prevent me from making my defence to the court? I believe I have 10 days left to submit my defence.

I printed out the letters, but I've been working away doing 12-15hr days (I'm a truck driver) also dealing with twins starting school and trying to get support for their Autism/ADHD. So I'm juggling quite a bit right now and it completely slipped my mind.

[echat11]

I've also just realised I haven't sent the 3 letters, does this prevent me from making my defence to the court? I believe I have 10 days left to submit my defence.

I printed out the letters, but I've been working away doing 12-15hr days (I'm a truck driver) also dealing with twins starting school and trying to get support for their Autism/ADHD. So I'm juggling quite a bit right now and it completely slipped my mind.

As long as you are sure it's statute barred, you don't need to send them.

[Warchilo]

You need to send the letters, they are actions you've told the Court you've done, they provide valuable information / evidence regards your case.

Is it too late to send them now?

[echat11]

I think I'm ready to submit my defence, I'm just unsure about a couple of points.

Should I be including -

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

They haven't mentioned when the default happened in the particulars of the claim, but is it my responsibility to have kept records?

And also -

9.It is denied that HSBC Bank 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.

I do remember having a default on my file that dropped off years ago, but I don't remember when, or if it was for this debt because I had other defaults, I was going through a dark time after leaving the Army and going to uni with undiagnosed mental health issues so my finances collapsed.

I really want to defend this as I can't afford to pay it and I also feel Lowell and Overdales are predatory and don't deserve to be making profits from vulnerable people.

Sorry for all the questions and thanks again for all the help.

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

They haven't mentioned when the default happened in the particulars of the claim, but is it my responsibility to have kept records?

I think you should include it, because you are responding to their Statement of Case, they should have records of when the default was issued, the fact they haven't is worrying.

And also -

b) 9.It is denied that HSBC Bank 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.

I do remember having a default on my file that dropped off years ago, but I don't remember when, or if it was for this debt because I had other defaults, I was going through a dark time after leaving the Army and going to uni with undiagnosed mental health issues so my finances collapsed.

The important word in point 9 is 'served', did they send out a 'default notice' and did you receive it.
Yes, you might remember a 'default' being on your Credit File, but were the correct processes followed to put it on your Credit File. What if they didn't send one out, but marked your credit file anyway?

It's up to you if you want to keep them in or not.
(Most of the time members ask lots of questions when they know what they are doing)

[Warchilo]

Is it too late to send them now?

Just bumping this last question

[echat11]

Just bumping this last question

Post 19.

[Warchilo]

So I've posted my defence,

Any idea how long I will have to wait to for the outcome?

Does the claimant have a time limit to respond?

Thanks again.

[echat11]

So I've posted my defence,

Any idea how long I will have to wait to for the outcome?

Does the claimant have a time limit to respond?

Thanks again.

The claimant has 28 days to respond to your Defence.

[Warchilo]

So I've now been sent a Directions questionnaire from the court.

Does it mean I need to prove the claim is statute barred or is it the claimants responsibility? (I'm 100% certain it's statute barred but don't have any documents)

Any advice on completing this?

Should I agree to the case being referred to the mediations service?


Thanks again for any help.

[echat11]

a) Does it mean I need to prove the claim is statute barred or is it the claimants responsibility? (I'm 100% certain it's statute barred but don't have any documents)

You need to prove it is, if you can, they'll need to prove you made a payment or acknowledged the debt.

b) Any advice on completing this?

https://legalbeagles.info/library/gu...uestionnaire//

c) Should I agree to the case being referred to the mediations service?

Yes you want Mediation, providing they provide all the requested documentation.
You can write that on the form.

[Warchilo]

a) Does it mean I need to prove the claim is statute barred or is it the claimants responsibility? (I'm 100% certain it's statute barred but don't have any documents)

You need to prove it is, if you can, they'll need to prove you made a payment or acknowledged the debt.

b) Any advice on completing this?

https://legalbeagles.info/library/gu...uestionnaire//

c) Should I agree to the case being referred to the mediations service?

Yes you want Mediation, providing they provide all the requested documentation.
You can write that on the form.

Thank you,

Is it too late for me to request the documentation from them?

What kind of proof would I need to show that it's statute barred?

[echat11]

Thank you,

Is it too late for me to request the documentation from them?

What kind of proof would I need to show that it's statute barred?

a) Send a SAR request to HSBC Bank, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

b) Send a CPR 31.14 request to Overdales, they will provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

Bank statements would prove that no payments had been made, the SAR might provide further proof, i.e. notes on your account, i.e. communications with the Creditor.

[Warchilo]

I'm just going through and editing the CPR 31.14 now.

It has this paragraph -

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.

However I have already filed my defence, should I modify the paragraph?

Thanks.

Edit - Apologies for all the questions. I have poor mental health, I'm trying to juggle a full time job with twin toddlers so I'm struggling to grasp all the details and keep on top of things.