Discontinued!!! Statute Barred

[gillwall]

Re: Statute Barred

thank you will get if sorted this afternoon,
Gill x

[gillwall]

Re: Statute Barred

Hi Amythist, I have tried to scan the letter and upload it. it didnt work.... so here it is



7th March
Dear .......

"Thank you for your letter enclosing a copy of your equafax report. (I actually enclosed experian and equafax)
Your position is that the claim is statue barred because the last payment was in January 2007. You claim that this is suppoerted in your Equafax report.

We have reviewed the above report, which we note is heavily redacted to the extent that it is meaningless and does not suppoort your position ( I only covered some of the credit limits, everything else was visable)

We remind you that your main Defence is the miss-selling of PPI which we have responded to youi in previous correspndance. At no time have you referred to the cliam being statute barred. You simply assert that payment was made in January 2007 i.e. around the time you made your PPI claim.

We enclose your payent history received from the original creditor when the account was in recoveries. You will note that several payments were made in 2008 and one payment was received on 13th May 2009. The claim therefore is not statue barred.

You now have all the information in support of our claim. We now invite you to make a settlement proposal, (we will consider payment instalments if appropiate), failing which the matter will be determined at trial*.

Your Faithfully .....


Legal Department
1st Credit.





Than you
Gill x

[wales01man]

Re: Statute Barred

Please excuse my ignorance regarding Phantom payments,is the onus on the claimant to provide proof of where the payment was from after all if the debtor can produce bank statements that do not show a payment against the account on the date alleged someones is telling porkies?

[Amethyst]

Re: Statute Barred

Yes, onus is on claimant to evidence the payment. Showing bank statements not demonstrating payments is just a counter measure.


Regarding this part;

''We enclose your payment history received from the original creditor when the account was in recoveries. You will note that several payments were made in 2008 and one payment was received on 13th May 2009.''


What do your bank statements say when compared with their list?

[gillwall]

Re: Statute Barred

I have a joint account with my hubby, this shows no payments, still waiting on SAR for fmore information from my sole account.
Gill x :beagle2222:

[gillwall]

Re: Statute Barred

Should i contact 1st credit and ask for permission to change my defence straight away?
Gillx

[Amethyst]

Re: Statute Barred

This bit... ''You will note that several payments were made in 2008 and one payment was received on 13th May 2009.''

Have they given you a list of the payments, are they amounts that you may have made, recognise etc and do they have method of payment etc by them ?




Just drafting below so don't send anything just yet, lets check these payments first. Also apologies I don't recall - did you get back anything off your CCA request ? (CPR requests you won't do as you entered the defence first)

Dear Sirs

Reference: County Court Claim No. XXXXXX 1st Credit v Gillwall

Thank you for your letter dated XXXXXXXXX, the contents of which are noted. In light of your comments I intend to apply to the County Court in order to amend my defence. I'd be grateful if you could indicate your agreement with this course of action by return of post so it may save us both time and costs.

For the avoidance of doubt I am certain that no payments have been made to XXX Lloyds / Credit Whatsits / yourselves and checking through my banking records confirms no such payments were made. The last payment identified as being made towards a debt with Lloyds Bank Plc for £XX by Debit Card / Direct Debit / Bank Transfer on XX DATE XXX reference XXXXXXXXXXXXXXX and as I have had no correspondence/payment/acknowledgement of this debt made within the last six years I believe this debt to be time barred under the Limitation Act 1980, s.5.

[gillwall]

Re: Statute Barred

Yes they have given me a list of payments, this is how it reads

date 11/05/2007....
time 00:00
payment (recoverieis) £50.00

this is all the information detailed up untill the last payment listed in 2009. They have sent me a cca with no signitures,

thanks
Gill x

[Amethyst]

Re: Statute Barred

Lol, thanks ... not sure how they can give you a list showing one payment in 2007 and one in 2009 with a letter saying ''... ''You will note that several payments were made in 2008''

[gillwall]

Re: Statute Barred

Hi
I have had part of my SAR from Lloyds TSB, which are my credit card staments. This shows the last payment made was on 12th April 2006. Also the amount that was outstanding on the balance for may is £9.00 difference to what 1st credit are sueing me for, am i right in thinking that this also proves that non of the payments 1st credit suggest i have made are fictional
Should i contact 1st credit yet or wait untill all of my SAR is here?
Gill x :tongue2:

[Amethyst]

Re: Statute Barred

the Lloyds sar wont show up payments made after the account was defaulted if it was sent to dca's, and they are contending you made payments to the dca's...your bank statements back up that your last payment was in 2007.

I think you should tell 1st credit you want to amend defence and ask them to agree, email them if poss - then enter application to amend your defence to say statute barred and then it is up to them to prove the payments. I might also ring the court to check nothing else has happened as you are waiting for directions questionnaire.

[gillwall]

Re: Statute Barred

Hi Amythist and thanks
I have received the rest of the SAR. My currant account with Lloyds TSB was closed in Jan 2007, the same time i made the last payment on my cc. From previous correspondance with 1st credit they state

''We enclose your payment history received from the original creditor when the account was in recoveries. You will note that several payments were made in 2008 and one payment was received on 13th May 2009.''
there is no evidence of these payments being made, only a copy of the statment received from 1st credit.

PPI has been taken out for 18 months, they say i must have requested the ppi, even though they have no documentation of this, should i put in a counterclaime?
Would you say that i need to contact 1st credit and ask that i can change my defence, If they say no do i just go to court and put my case.
Thank you
Gill x:beagle:

[gillwall]

Re: Statute Barred

Hi
Just looking through letters from 1st credit and each time they have written to me in regards my correspondace the amount is rising, are they charging for these letter. Also there are lots of iregularities with amounts owing, default amounts and closing balance. Any advice please.
Gill x

:tongue2:

[gillwall]

Re: Statute Barred


Hi, I emailed 1st credit asking for permition to change my defence, I noted there ws no evidence of the payments they suggested had been made, and no records suggesting an activity on my credit files. This is the email i received from then today.


We refer to your e-mail of today (timed at 12:50).


We consider that it would be more prudent and better use of the court’s resources if you simply disclosed your supporting documentation to us rather than incurring a court fee and drafting an Application Notice seeking to an Amend your Defence. You have a duty to disclose the evidence you intend to rely upon. We have done so accordingly and ask that you do the same.

You refer to your “statements from Lloyds TSB and that no payments have been made to any third parties or Lloyds TSB checking through my banking records”. You have referred to those documents and therefore they are disclosable pursuant to the Civil Procedure Rules.


We note that you no longer refer to any alleged misselling of PPI. Please confirm that this is no longer a live matter in your Defence.

Unless you provide the supporting information we will not consider your request.

Yours faithfully,

1^st Credit Ltd

Any advice on what i should do, I would also like to make a counterclaim on the ppi.
Thank you.
Gill. x :beagle:

[gillwall]

Re: Statute Barred

Any advice please.
Gill x.:doggieyes: