County court papers received out of blue from lowell

[FlamingParrot]

Re: County court papers received out of blue from lowell

Inthink I will have to write my defence on then papers they sent and post them. I'm going to out that I have requested a CCA etc several times over the last 5 years, and they can't provide it and that the debt is statute barred anyway. And hopefully that will be all

Lack of response to a CCA request doesn't mean the debt is SBd, for that purpose you have to make an assertion of not having paid or acknowledged the debt in 6 years or more. If you do, it will be up to the claimant to prove otherwise.

[Scigal]

Re: County court papers received out of blue from lowell

Your credit file is not an indicator of whether the debt is SBd or not.

Why can't you log into MCOL?

I can't remember the password or anything i used when i set the account up

[Scigal]

Re: County court papers received out of blue from lowell

I have written this on the form

This debt is statute barred. I have not acknowledge or made any payments for over 6 years. I have requested a CCA in 2008, 2010 ( as well as follow up letter), and 2013. I received a letter in 2010 saying I would be contacted in due course. I wasnt. No CCA has been sent to me. The postal,orders may have been used i a way in which they should not. This alleged debt is statute barred. I deny all allegations.



Sorry I'm rubbish at this,I work in medicine, I know medicine, nothing else lol. X

[Scigal]

Re: County court papers received out of blue from lowell

How does this sound. They said I could file defence by email, so I was going to mail this today


I dispute all of the claim. No payments have been made. I deny all allegations.


This allege debt is statute barred. I have not acknowledge not knowing paid any monies for over 6 years. More like 10'years. I sent the appropriately worded letters for a true copy of any credit card agreement in 2008, then again in 2010. I then sent a follow up letter 6 months later to say that I had not received the CCA. I have copies and dates of both letters. I did receive a letter in 2010 acknowledging my letter but nothing further. I also sent a CCA request by signed for tracked delivery November 2013, as well as a CPR 31.14to Drydens for copies of documents mentioned in the particulars of claim. I have received no response. I have evidence of postage and Royal Mail Status of these letters. As I have no received the requested CCA I believe the £1 postal orders have been misused and added to the all edge account to demonstrate payment, I did not give consent for the monies to be used in any other way than for CCA.




In addition, I have not received any Letter Before Action or Letter of Claim before they issued proceedings. They have not been compliant with the Practice Direction.


I deny all allegations. This alleged debt is statute barred.

[FlamingParrot]

Re: County court papers received out of blue from lowell

I can't remember the password or anything i used when i set the account up

Didn't you get a P/W on the claim form?

See below:

Big hello to all on this thread,
I have had same problem with missing password on claim form, I phoned Northampton bulk centre and was told they accept a scanned image of the completed document sent as an e-mail attachment,
Send to ccbcdefendants@hmcts.gsi.gov.uk with the claim n'o and acknowledgment of service written in the subject heading.
They also would accept by way of a statement of acknowledgment wrote in the same format as in claim pack. (room for error on this so i completed form and scanned etc)
You will get a confirming e-mail that they have Received almost immediately.
Hope this info helps

[FlamingParrot]

Re: County court papers received out of blue from lowell

Below is what you'd say for a Statute Barred defence (replace dates, figures, etc.):

The claimant’s claim was issued on xx-xxx-2013.

The Claimant's defendant 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 the Defendant 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.

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

[Scigal]

Re: County court papers received out of blue from lowell

Below is what you'd say for a Statute Barred defence (replace dates, figures, etc.):

That's beautiful thanks y. So I'll take out all i said and just use that.

im guessing that will allow the other side time to prove it? If they can't then it should be all binned? Unless they can in which we start this all over again?

X

[Nibbler]

Re: County court papers received out of blue from lowell

I think you probably also need to refer to the fact that that you have on multiple occasions requested details and proof of the debt that they allege, including under CPR 31, and that they have failed to provide any.

Might be worth giving Celestine/pt2537 a PM to see what they think?

[Scigal]

Re: County court papers received out of blue from lowell

I think you probably also need to refer to the fact that that you have on multiple occasions requested details and proof of the debt that they allege, including under CPR 31, and that they have failed to provide any.

Might be worth giving Celestine/pt2537 a PM to see what they think?

Oh crumbs, I've already sent it now

[Scigal]

Re: County court papers received out of blue from lowell

Oh crumbs, I've already sent it now

Luckily they've allowed me to add that section to the defence. Phew!

[FlamingParrot]

Re: County court papers received out of blue from lowell

Luckily they've allowed me to add that section to the defence. Phew!

Statute Barred is an absolute defence, so that's the most important part. It is now up to the claimant to *prove* it is not if they want to continue with this. :thumb:

[Scigal]

Re: County court papers received out of blue from lowell

Statute Barred is an absolute defence, so that's the most important part. It is now up to the claimant to *prove* it is not if they want to continue with this. :thumb:

Do they then apply for extra time, or will they issue a second court case thingy? Proper shysters aren't they!?

thank you x

[CleverClogs]

Re: County court papers received out of blue from lowell

Below is what you'd say for a Statute Barred defence (replace dates, figures, etc.):

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

Does that also exclude "hand relief"? msl:

[Scigal]

Re: County court papers received out of blue from lowell

Does that also exclude "hand relief"? msl:

well they are a wunch of bankers!

saw that in another thread and it made me lol hard!

[FlamingParrot]

Re: County court papers received out of blue from lowell

Do they then apply for extra time, or will they issue a second court case thingy? Proper shysters aren't they!?

thank you x

Extra time? If the debt is SBd, it means they've run out of time and can't do anything about it! :clock: :clock: :clock: