Statutory Barred Court Claim

[Pezza54]

Thanks for the update
The allocation is only proposed at present
Did you receive a Directions Questionnaire (form N180) or is there an instruction on the notice that you should file N180 with info where it can be downloaded?

[Stevie666]

Yes I received a N180 form.

[Pezza54]

There is advice on completing N180 under "Directions Questionnaire" on the right side of this page

[echat11]

Update time...
Ok so I requested everything from the solicitor etc as normal and I got a letter back by return saying that they will speak to their client.
Nothing turned up at all so I put my defence in last friday saying that they haven't supplied anything like I have done before with other claims etc.

Now today I have a Notice of Proposed Allocation to the small claims track form turn up in the post.
Ive never had one of these before with other claims ive had.

What does this mean and how should I proceed... Thanks

All cases are sent a Directions Questionnaire.

It means that a local County Court will deal with the case, but they want to know a few things before they pass the case on. You need to fill it in, you need to state that you want Mediation providing the Claimant provides all the requested documents. A copy of the Directions Questionnaire is sent to the Court and a copy is sent to the Claimants solicitors.

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

[Stevie666]

Thanks again, Ive gone the to the section about the N180 and the links are dead for the online form and also the info is outdated but ive sourced the form and cobbled my way through it and ile get those sent off asap.

[Pezza54]

Thanks again, Ive gone the to the section about the N180 and the links are dead for the online form and also the info is outdated but ive sourced the form and cobbled my way through it and ile get those sent off asap.

Why did you have to source N180?
Post 17 states you received one from the court

[Stevie666]

Its easier to download and type in the details and print off twice

[Stevie666]

I sent my N180s off to the court and solicitors.
I received N180 from solicitors today.

Still no paperwork which was requested of them, so how will that work if this goes through court?

[Pezza54]

The court will confirm the claim allocated to a track, probably the small claims track
A judge should then read the filed documents for the first time
Hopefully the judge will note that documents requested by the defendant to be provided by the claimant have not been supplied and will issue a direction for the claimant to serve them. It is possible the court will give the claimant a latest date to file the documents and failure to do so will result in the claim being stayed

[Stevie666]

So this morning I get the Mediation appoint through for the 5th of March.

Then in the post I get a letter from the solicitors finally sending the papers I was asking for..

Looking at the statement of transactions which it shows the final payment I made to them was 14/1/2019 which is over 6 years ago.

Any advice for next steps?

[Pezza54]

Thanks for updating the forum
If you have received the Default Notice from the credit card company, what date is on the notice?

Please read "Credit card debts -- When does the six year limitation period start to run?" at www.tayntons.co.uk

Courts are generally now taking the date of the Default Notice as the start of the 6 year limitation period

Check all the documents you have received. Look for signatures, anomalies etc

You are welcome to post a list of the documents along with your suspicions about a particular document

[echat11]

Thanks for updating the forum
If you have received the Default Notice from the credit card company, what date is on the notice?

Please read "Credit card debts -- When does the six year limitation period start to run?" at www.tayntons.co.uk

Courts are generally now taking the date of the Default Notice as the start of the 6 year limitation period

Check all the documents you have received. Look for signatures, anomalies etc

You are welcome to post a list of the documents along with your suspicions about a particular document

Exactly this, so see if the Default date stacks up.

Go through the documents to see if they are compliant, look for anomalies, Creditors are sometime happy to send documents that don't add up. Example, most agreements has a year that the T & C become applicable. So for example, you took the agreement out in 2010, the agreement at the very bottom of the page says 7/12. So those Terms didn't become effective until July 2012.

Make notes as you go along. It's not a race, you are looking for anomalies. Flag them up on the thread.

Start with the agreement - https://lawzone.legal/when-is-a-cred...0unenforceable.

[Stevie666]

Ive looked through the paperwork sent and the default notice is dated 29 july 2019 and the breach payment was 5th feb the same year.

They have NOT included the actual credit agreement only the default notice, an extract from a statement and notice of assignment.

Should I ask them again for the Credit agreement?

[echat11]

Ive looked through the paperwork sent and the default notice is dated 29 july 2019 and the breach payment was 5th feb the same year.

They have NOT included the actual credit agreement only the default notice, an extract from a statement and notice of assignment.

Should I ask them again for the Credit agreement?

Normally, they Default after 3 missed payments. so the timeline sounds about right.

You've requested the Credit Agreement twice in essence, once via a CCA request and once via CPR 31.14, so I'm not sure requesting it again makes sense. It might arrive in the 'near future' if they have it.

Take a closer look at the Default Notice and Letter of Assignment, do they stack up?

[Stevie666]

Yes they look like they do stack up.
I will get the mrs to go over it too just incase if missed something.