Discontinued!!! Statute Barred

[gillwall]

Hi every one
Some advice needed please , 1st credit are taking me to court in regards a credit card. which i intend to defend No date has been given, Im still waiting for documents one of which is a SAR. Within 5 weeks the debt will be statute barrede. Is this a reason i can ask for the claim to struck out,

Thanks Gill x

[FlamingParrot]

Re: Statute Barred

Hi every one
Some advice needed please , 1st credit are taking me to court in regards a credit card. which i intend to defend No date has been given, Im still waiting for documents one of which is a SAR. Within 5 weeks the debt will be statute barrede. Is this a reason i can ask for the claim to struck out,

Thanks Gill x

Sadly not, since they have issued proceedings BEFORE the debt became SBd.

Do bear in mind the creditor (presumably you sent the SAR to the OC rather than 1st Crud) has 40 days to respond to a SAR, and you normally have just 28 days to submit a defence, unless an extension is agreed. If you need specific information to establish your position, you're better off requesting it via a Part 18 request.

Also bear in mind the clock starts ticking from the CAUSE OF ACTION, rather than the date of last payment, as the bank would have no way of knowing you'd miss the next payment, thus no cause of action, not until at least a month after your last payment. If you are looking to find out the date of last payment, you can send a Part 18 request and they'd have to respond in 14 days rather than 40. :clock:

Have you sent the usual CCA request and CPR 31.14 requests? How long have you got to submit a defence?

[gillwall]

Re: Statute Barred

Hi, Flamming Pattot
Yes i have requested the SAR from Lloyds TSB who are the origian creditor. Can i just add my records show that my last payment was made in Jan 2007, although 1st credit state it was March 2008. This is why i need more documentation.
If you dont mind can i also ask if i ticked no PPI on the original agreemntand and it was still taken out how would i approach this. I tried to make a claim but was refused due to self employment, This is why i ticked the no box for ppi ithis is why i got into financial problems
Thank you
Gill x

[FlamingParrot]

Re: Statute Barred

Hi, Flamming Pattot
Yes i have requested the SAR from Lloyds TSB who are the origian creditor. Can i just add my records show that my last payment was made in Jan 2007, although 1st credit state it was March 2008. This is why i need more documentation.

In that case, you could submit a part 18 request as below. Unlike the SAR, this is under the CPR and they have to respond in 14 days.

IN THE xyz county court
CLAIM NO:


BETWEEN:

XXXXXXXXXX

Claimant

and

XXXXXXXXXXX

Defendant

PART 18 REQUEST FOR FURTHER INFORMATION

To: XYZ (claimant)

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. Please provide a copy of statements showing the date of the last payment made into this account

[INSERT OTHER QUESTIONS HERE IF RELEVANT]

Yours faithfully

Alternatively, you could just submit a SBd defence, putting the onus on *them* to PROVE it's not.

Do you know how much the alleged payment is?

If you dont mind can i also ask if i ticked no PPI on the original agreemntand and it was still taken out how would i approach this. I tried to make a claim but was refused due to self employment, This is why i ticked the no box for ppi ithis is why i got into financial problems

You certainly meet the criteria for PPI mis-selling and could easily reclaim/counter-claim based on the 2 issues above, however, since they have issued proceedings, statute barred is a stronger defence, in fact, it's an absolute defence. :juge:

[gillwall]

Re: Statute Barred

Hi and thank you this is really helpful, their claim is for£3,568.00 .i have also checked my credit file and the debt was defaulted in 2006, there is no record of 1st credit or any other dca detailed on my file. Thank you.
Gill x

[gillwall]

Re: Statute Barred

Hi flamming parrot, can i pm you the part 18 request . Thank you
Gill x

[FlamingParrot]

Re: Statute Barred

Have replied to your PM :typing:

[gillwall]

Re: Statute Barred

Hi Flamming Parrot,
I think i have sent the part 18 request (I THINK ).
Gill x

[ncf355]

Re: Statute Barred

If you were Defaulted in 2006 for a card debt, you have a clear Statute Barred Defence to my eyes

FP?

[FlamingParrot]

Re: Statute Barred

If you were Defaulted in 2006 for a card debt, you have a clear Statute Barred Defence to my eyes

FP?

If no payments were made after that, then yes, no doubt about that.

The problem is that 1st Crud are saying payments were made in March 2008. :noidea: It could well be a phantom payment.

Yes i have requested the SAR from Lloyds TSB who are the origian creditor. Can i just add my records show that my last payment was made in Jan 2007, although 1st credit state it was March 2008. This is why i need more documentation.

As per my post 4, the OP could submit a SBd defence and 1st Crud would have to prove otherwise. :thumb:

[gillwall]

Re: Statute Barred

BIG THANK YOU Flamming Parrot, Thats brill.

There are o records om my credit file in relation to 1st credit or any outstandig debts!
Thanks
Gill x

[gillwall]

Re: Statute Barred

Hi
Just an update in regards my

PART 18 REQUEST FOR FURTHER INFORMATION

Received a letter today from 1sr Credit, they state that" the CP27(1)(f) Rule which stated that part 18 does not apply to the small claims track. As such we will not be filing a Part 18 Reply".

1st Credit then stat "I have already filled a defence on the 28/12/2013, (this was done online ) and that i cannot ammend oe file a new defence without ours and the courts permission. 1st Credit also state that the deed of assignment is irrelevent ????

They then go on to say they have forwarded all documents to myself that are within theiir control/possession, and they have no other documents to disclose to me, they have forwarded staments where ppi has been taken out, a sample of a deed of asignmentnt with no information at all, and a statment from a collections centre with £50.00 payments being made, which i have not paid. I am still waiting for the SAR which should be with me by no later than 23rd March. 1st Credit suggest as with regards the ppi sale i need to contact the original creditor.

I dont intend to change my defence but need documents to prove in court. VERY CONFUSED, i must be having a blond moment......

The suggest i contact them to arrange payment.

Much help and advice needed PLEASE |||||
Gill x

[gillwall]

Re: Statute Barred

Any advice please?
Gill x

[Amethyst]

Re: Statute Barred

Indeed Part 18 is for fast/multi track, and unless your case is particularly complex it will be small claims, which helps protect you from costs as well as the other side.. Was your defence just the statute barred defence ? And have you had directions questionnaire?

Have you gone through your bank statements etc to double check on the fifty pound payments and have copies of them from the relevant dates to show you didn't make payments?

[gillwall]

Re: Statute Barred

Hi Amethyst

I have no record of the £50.00 payments only what 1st credit suggest. Also I tried to make a claim on the PPI as it was taken out each month, even though i had ticked no on the ageement, which i have a copy.
I have returned the questioner and received 1st creits also. Does this mean that first credit do not have to reply to my Part 18 request.
Thank you
Gill x