smith v llyods black horse and arrow global limited belveder

[smith]

Re: smith v llyods black horse and arrow global limited belveder

So if a creditor just keeps an account open it'll never be statute barred ? Utter bollock$.


Smith, You need to find out what this claim is about. From your explanation and the particulars of claim i'm lost as to what is going on. I'd send a cpr 31.14 letter asking for all the documents mentioned in the particulars of claim. there are loads of examples on the forum.

M1

particulars of claim i have only wrote what it says on the court papers

[Celestine]

Re: smith v llyods black horse and arrow global limited belveder

As the Particulars are so sparse, the only document a 31.14 would yield is an Assignment Notice. Which should still be asked for nevertheless.

Is it possible, the £16,000 loan is a red herring and that we are just dealing with a consolidation loan/overdraft debt here......in which case an agreement may not exist?

You say the £1000 was advanced to your partners overdraft only?

[gravytrain]

Re: smith v llyods black horse and arrow global limited belveder

Just as an illustration if Smith had a fixed sum arrangement taken out in 2005 for 50 months as he says, and this account was not defaulted and terminated(as he says) the account would have ended in 2009 so it would not be SB until 2015.

Although to be honest there are so many inconsistencies with this thread and the thread he has over on CAG that i do not really understand what has gone on.

[gravytrain]

Re: smith v llyods black horse and arrow global limited belveder

So if a creditor just keeps an account open it'll never be statute barred ? Utter bollock$.


M1

There has to be a cause of action this cannot occur whilst the account is live because the debtor still has the right to repay under the terms of the contract, recent case law dictates that the COA date is taken to be the termination of the account.

I Have had an account with the Co-op for 30 years, which has an overdraft of £10 i get a statement every year, yes as long as the account remains open the SB clock will not commence read the statute.

[mystery1]

Re: smith v llyods black horse and arrow global limited belveder

because if the account has not been closed, it can't be statute barred of course.

So if a creditor just keeps an account open it'll never be statute barred ? Utter bollock$.


Smith, You need to find out what this claim is about. From your explanation and the particulars of claim i'm lost as to what is going on. I'd send a cpr 31.14 letter asking for all the documents mentioned in the particulars of claim. there are loads of examples on the forum.

M1

[smith]

Re: smith v llyods black horse and arrow global limited belveder

ok noted ill put this in defence and when do you send the c p r request letter


shall i just put this in defence or any better ideas advise needed


1. The Claimant's claim was issued on (date).

2. The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that theDefendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

3. The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

Signed:

updated

i have regerstd the the claim online today 27.3.2013
i have got untill 22.april to file a defence befor 4.00 oclock on that day
i am defending all of the claim
so i need to do a defence i am going on statute barred help need thanks

[smith]

Re: smith v llyods black horse and arrow global limited belveder

If the debt hasn't been acknowledged or paid since 2006 then it's Statute Barred and you should, of course, defend it in full. SBd is an absolute defence, see this post: http://www.legalbeagles.info/forums/...551#post305551

This post should give you a good overview of the process of acknowledging service and filing a defence: http://www.legalbeagles.info/forums/...1349#post81349

ok noted ill put this in defence and when do you send the c p r request letter


shall i just put this in defence or any better ideas advise needed


1. The Claimant's claim was issued on (date).

2. The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that theDefendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

3. The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

Signed:

[gravytrain]

Re: smith v llyods black horse and arrow global limited belveder

they never closed my account
the account

By all means argue that it is statute barred, it is after all for them to prove otherwise, this statement has me confused though, and it best not repeated in the defense, because if the account has not been closed, it can't be statute barred of course.

[FlamingParrot]

Re: smith v llyods black horse and arrow global limited belveder

If the debt hasn't been acknowledged or paid since 2006 then it's Statute Barred and you should, of course, defend it in full. SBd is an absolute defence, see this post: http://www.legalbeagles.info/forums/...551#post305551

This post should give you a good overview of the process of acknowledging service and filing a defence: http://www.legalbeagles.info/forums/...1349#post81349

[smith]

Re: smith v llyods black horse and arrow global limited belveder

acknowowledgment of serive

do i tick box ( 1 ) i intend to defend all of this claim

if i do it on line in morning i get 28 days to do defence

[Sparkie1723]

Re: smith v llyods black horse and arrow global limited belveder

I would include in your Defence that should your submission of the Limitations barr be disputed that the Court Order that

1. a copy of the purported deed of assignment appertaining to you debt be provided
2. That theClaimant be put to strict proof it is included in the Master deed of assignment
3 That the Court order compliance of your SDAR
4. That the Court Order the production of the CCA agreement appertaining to the purported debt.
5. that the court grant you further time to prepare a full and proper Defence on receipt of said proof of purported deed of assignment and CCA agreement.
They can't just say it was assigned to them and not be able to prove it.

JUst my suggestions I'm not a lawyer.

Sparkie

[smith]

Re: smith v llyods black horse and arrow global limited belveder

shall i just put this in defence or any better ideas advise needed


1. The Claimant's claim was issued on (date).

2. The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that theDefendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

3. The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

Signed:

[smith]

Re: smith v llyods black horse and arrow global limited belveder



shall i just put this in defence or any better ideas advise needed


1. The Claimant's claim was issued on (date).

2. The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that theDefendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

3. The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

Signed:

[smith]

Re: smith v llyods black horse and arrow global limited belveder

Sorry but just to be clear. You applied for a loan with your bank.

Then you changed your mind, but the bank decided to pay off your overdraft and close your current account.

They then agreed a payment plan to repay the loan(overdraft) and when you defaulted the commenced proceedings.

You requested a copy of any agreement and they sent you nothing.

Is this correct.

they never closed my account
the account

the rest yes
the account as been in dispute from 206
loyds not commenced proceedings.(arrow global have commenced proceedings after all them years

[gravytrain]

Re: smith v llyods black horse and arrow global limited belveder

Sorry but just to be clear. You applied for a loan with your bank.

Then you changed your mind, but the bank decided to pay off your overdraft and close your current account.

They then agreed a payment plan to repay the loan(overdraft) and when you defaulted the commenced proceedings.

You requested a copy of any agreement and they sent you nothing.

Is this correct.