Discontinued!!! Statute Barred

[gillwall]

Re: Statute Barred

Whooops!!
Forgot to ask, i have received my creit files from 2 credit reference agencies and neither show any evidence of Lloyds TSB ( the original crediter) or First Credit, so i assume there has been no activity within the last 6 years,
Gill x

[gillwall]

Re: Statute Barred

Any ideas please?
Gill x

[Amethyst]

Re: Statute Barred

Yes more than likely as you will be allocated to small claims.


Need a bit more on the stat barred issue then.

In your first post you said ''Within 5 weeks the debt will be statute barred.'' Is that presuming that the £50 payment in March 2008 was the last payment ? If that payment was made by you then no you wouldn't be able to use statute barring as a defence to the claim. If you didn't make it then you can as prior to that contact was Jan 2007 ?

''1st Credit then stat "I have already filled a defence on the 28/12/2013, (this was done online ) ##

What defence did you enter ?

[gillwall]

Re: Statute Barred

Hi
I tried to make claims on the ppi,2006 it was defulted then but was declinned to self empoyed status, this was when my last payment was made, as well as have copies of my credit file where there are no details of first credit or lloyds TSB the original creditor.
BIG thanks
Gil x

[Amethyst]

Re: Statute Barred

Okay, so what defence did you enter ?

[gillwall]

Re: Statute Barred

The acoount was statue barred is my main defence.
Gill x

[Amethyst]

Re: Statute Barred

any chance you can paste a copy of it up?

[gillwall]

Re: Statute Barred

Hi
I logged my defence online, I have not sent a hard copy to the courts or 1st credit yet, i am or was waiting for the part 18 request acknowledgment and still waiting for SAR from Lloyds TSB.
This is my defence I logged online


“I intend to defend this claim as I made a claim on the PPI in
January Aug 2005 and 2006, but was told that due to the fact i was self
employed, and the cover did not cover me, as well as having a
pre-existing medical problem. I have not made any payments on this
account since this date; I have also made a CPR 31.14 and SAR request, for further documentation”.
Thanks
Gill x

[gillwall]

Re: Statute Barred

Hi every one
Need some advice please.....
1st Credit have contacted me acknowledging receipt of my two credit files which highlight the fact that there is no evidence with regards the debt they are asking me to pay.
They thank me for the documents although they state they are MEANINGLESS and heavily redacted and does not support my position!!!
They go on to say that part of my defence is that no payments have been made since 2007 and not that i claim it is statute barred.

Do i submit to them copies of the credit reports with all the information, I only hid amounts of credit available etc and not company names or dates. and surely if there is no record of activity from Lloyds TSB or and other third part this suggests no payments have been made.

Also 1st Credit have forwarded me another copy of the same payments i have supposed to have made, one is from a collection centre and the other is from Credit Solve, ????? with an exrtra payment of £8.00, in May 2009, they suggest i have made.
Any advice on what i should do next please,

Gill x:tinysmile_hmm_t2:

[righty]

Re: Statute Barred

Where a debt is statued barred these phantom payments are a common deceit perpetrated by some debt collectors. One even tried it on me recently and I destroyed them in court also being awarded my costs

I produced my bank records to show that no such payment was ever made yet they continued to claim their unsupported piece of paper was evidence that I did. They produced statements of truth stating that I did make said payments yet when the matter came to court they produced no witnesses not even their chief witness fully expecting the court to accept, what was now hearsay evidence, as proof of their case. Needless to say, after my arguments, the court dismissed their claim & awarded my costs of over £700

Anyway if your need advice as how to conduct your litigation get in touch via the mods AND please understand that I will not give you legal advice my advice will only consist of what evidence you will need & how to counter their lies

[gillwall]

Re: Statute Barred

Hi righty, thanks for that, i feel a little more confident. When you say if i need more advice get in touch via the mods, what do you mean? I think im having A BLONDE MOMENT!!!
moment!!!!

Thank you
Gill X :beagle:

[righty]

Re: Statute Barred

PM Amythest the Site owner and she'll contact me off thread

[Amethyst]

Re: Statute Barred

Your defence doesn't mention statute barred so in that respect they are correct in their letter that your defence is based on not having made payments since 2006.

You have copies of bank statements to show these payments haven't been made I believe . Have you double checked through them for anything to the collections centre or credit solve?

If you list the details of the last payment you believe you made towards this debt - ie what it says on your bank statement. then we can include it.

You will need to amend your defence to include the statute barred defence with the court as at the moment all your defence says is you tried to claim on the PPI but were refused so stopped paying.

It also sounds as though you need to reclaim the PPI you paid out on the card up to when you stopped paying as a) you never asked for it anyway and b) when you tried to claim on it it was turned down due to self employment, which presumably was the case when the policy was taken out (against your wishes).

This could go in as a counterclaim as we're already at court stage.

So we need to

a) double check bank statements and have copies of the ones containing the dates they state these payments were made to collections and credit solve, and themselves, to show they weren't made, and the one which shows the last payment actually made to them.

b) submit an application to amend your defence (would you be eligible for fee remission ? see http://hmctsformfinder.justice.gov.u...ex160a-eng.pdf )

c) possibly submit a counterclaim for the PPI.

[gillwall]

Re: Statute Barred

Thank you Amethist, I will collect all the documentation i have, still wailting on my SAR from lloyds TSB to clarifie the PPI etc. Do I contact the court office in regards changing my defence to statute barred, and do i need to forward my credit files from equafax and experian which clarifies this, do i also have to have pernistion from the dca (1st credit) to do this
Thank you again.
Gill x:beagle:

[Amethyst]

Re: Statute Barred

It will be a matter of submitting an N244 application for permission to amend your defence, with a draft copy of your intended amended defence, and reasons for the amendment. If we can check through the statements you have first we can include those sections as part of your defence. It would make the application simpler if we had permission from the claimant to amend, so I think we can respond to their letter to request they give their permission, which we can then enter on the application and go forwards without a hearing.

If you could scan/type out/photograph their letter and upload it (redacting your personal details) that would be good and we can make a start.