smith v llyods black horse and arrow global limited belveder

[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

[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

[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.

[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:

[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

[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

[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.

[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.

[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?

[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

[smith]

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

fss ive tryed to xplain it the best i can the particulars of claim are what it states on the court papers if you dont want to help me just say so fss im confused with it all ( look 16k loan that i never took as we changed our mindes after cool off period 1k was advanced to clear partners overdraft


the 16k was going to be a consolidation loan to clear all debts back in 205

[gravytrain]

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

fss ive tryed to xplain it the best i can the particulars of claim are what it states on the court papers if you dont want to help me just say so fss im confused with it all ( look 16k loan that i never took as we changed our mindes after cool off period 1k was advanced to clear partners overdraft


the 16k was going to be a consolidation loan to clear all debts back in 205

I want to help but i find it frustrating that i cannot seem to get the information.

If you are going to have a successful claim for SB( and yes I should claim anyway) we need to know when the cause for action was(not just the last payment.

So we need to know how the 1K advance was made. forget about the 16K for now.

Was there an overdraft for £1k that was frozen and an arrangement made for you to pay the balance over 50 months ( no interest added ?)

Was there a fixed sum loan issued for £1k which was paid into the overdraft account, which you were repaying over 50 months(plus interest and an agreement was signed.

Have you ever received a default notice.

And I ask again have you ever received any kind of agreement, I ask again because earlier you refer to an agreement you received if this is not applicable could you explain what this refers to.

[smith]

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

lloyds black horse wired the advanced 1k into a halifax banck account

halifax account wasnt frozen and had a overdraft of 1k arrangment was made to pay £50 a month to pay it back to lloyds black horse to pay back over 2 years intrest free


there wasnt a fixed sum loan of 1k but the 1 k was paid to clear halifax overdraft

if a default notice was sent that would have been passed to d m p we was in 0ct 205 till oct 206


we never singed any thing for the 1 k it was argeed over the phone as they wanted there 1k back


only thing we signed was for the 16k but after cool off period we canclled it but 1k of it was paid into halifax to clear overdraft

we asked for cca in 207 never got any thing back
debt collectors that sent letters we just quoted cca letter they sent account back

hope this helps better

[mystery1]

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

The particulars of claim do not mention £16000 or a loan. They mention an account. Phone them and ask what this is. Ask them to replead if they are short on detail.

You can't defend a claim when you have no idea what it is ! (they shouldn't issue a claim with no detail either)

M1

[smith]

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

replead whats that meen


ok on phone to els cole solictors