Discontinued!!! Statute Barred

[Amethyst]

Re: Statute Barred

It will cost you the application fee unless you are exempt ? Have a look at the EX160. You'll need to do it with a hearing to make sure it is treated correctly, so it's £80 application fee.

Damn cheek of them saying the communication is becoming circular - they asked to inspect your statements as you disclosed them so you have done everything right and they are just trying to intimidate you.

Could you scan in or type out exactly what the letter says?

[gillwall]

Re: Statute Barred

Yes will do.
Gill x

[gillwall]

Re: Statute Barred

Here it is;



25 March 2014


Dear Sirs,

Re : 1st Credit ( Finance ) Ltd.
Debt Due: £3,611.33

Thank you for your letter of 23 March 2013. We are concerned that your arguments are becoming circular. We have addressed all the issues raised in your correspondence, in particular the evolving nature of your Defence and alleged Counterclaim.

For the sake of completeness we clarify the outstanding issues:-

(1) You allege mis-selling of PPI Although there are debit entries in the statements provided showing payment of premium, no PPI applied to this Lloyds TSB account. This is supported by the fact that you ticked the box in your application form requesting no PPI (again disclosed to you). Lloyds have confirmed this to be correct. You have shown no evidence in support of any PPI claim.

(2) Statute barred You dispute the payment of £8.00 on 13/05/2009 only. You do not deny payments made on 11/05/2007; 19/06/2007; 27/06/2007; 27/07/2007; 30/10/2007; 28/11/2007; 28/11/2007; 31/12/2007; 28/01/2008; 29/02/2008; 31/03/2008; 28/04/2008; and 28/05/2008 at £50.00. We enclose a screen print from Lloyds. The payments on your account were received from debt management companies. As such they would not appear on your bank statement. Court proceedings were commenced on 30/12/2013. Even if the 2009 payment was applied incorrectly to your account, the claim is still comfortably within the 6 year time period given the earlier payments in 2008 and December payment in 2007. There is little to be gained in litigating by correspondence.

Given that the matter has now transferred to Wolverhampton County Court we will rely on the Court to issue directions as to the future conduct of this claim.

We will also ask for disclosure of evidence in support of your PPI claim.

However, to avoid further legal costs we urge you to provide evidence now.

We consider that you have all the information from us in order to understand the claim that has been brought against you. We again reiterate our willingness to negotiate settlement with you and trust that you will do the same.

However should you continue to defend this action (and not disclose the evidence you intend to rely upon in relation to the PPI claim), we have little choice other than seek full recovery of this debt together with costs and interest.

Yours faithfully, Legal Department 1^st Credit Limited

[Amethyst]

Re: Statute Barred

Okay thank you, that does help.

Do you dispute you made these payments of £50 ?

31/12/2007;
28/01/2008;
29/02/2008;
31/03/2008;
28/04/2008;
28/05/2008;


Do you have / Did you have a debt management plan at that time ?

If those payments were made through a DMP then indeed the debt would not be statute barred.

The final payment would have had to be before December 2007.

I know you think your last payment was made in April 2006 and your statements back that up.

Do you statements show anything going to a Debt Management Company after that date at all ?


Also on the PPI front, do you have evidence that you did have PPI on the account ?

[gillwall]

Re: Statute Barred

Thanks for the quick reply, there is no evidence of any payments going to a debt management company on my bank statements at all, which I supplied to first credit.
on my credit card statements pip has been taken out, it started in 2005 and stopped in 2006, approx £300.00. I didn't give authority for this to start or stop.
i tried to claim this back in 2013, but lloydstsb state they do not believe it was mis-sold, and they followed the correct procedures in the sale. I have this letter ready for my counterclaim.
thanks
gill x

[Amethyst]

Re: Statute Barred

So basically they are talking out their bottoms.

Did you have a debt management plan ?

[gillwall]

Re: Statute Barred

No I have never had a debt management plan. I have not made these payments I also have the files from to credit reference agencies from January 2014 and there is no evidence of the debt from lloydstsb or a dca . I think they are trying to wind me down.
thank you
Gill x

[gillwall]

Re: Statute Barred

Bump!!!!
Gill x

[gillwall]

Re: Statute Barred

what next...please
Gill x

[ncf355]

Re: Statute Barred

Well,

you have already showed them evidence of the PPI going out via the statement payments (I take it this is the card statements, showing seperate payments/premiums for PPI?) so I think this is definite wind up material on their part

The fact that you showed no PPI on the agreement itself only serves to strengthen your case for PPI misselling, not weaken it and I'm sure they know this.

As for the rest, if you are sure you made no further payments beyond 2006 than you can safely stick with your statute barred argument

[ncf355]

Re: Statute Barred

Did you make the application for a 'with hearing' as advised above?

[ncf355]

Re: Statute Barred

NOTE: DON'T let them wind you up!!

[gillwall]

Re: Statute Barred

Thank you, Yes i did tick with hearing, thanks i will try
Gill x

[ncf355]

Re: Statute Barred

It's important that you don't let them try to railroad you on this

The fact that they wont agree to amendment of your defence only makes it more important you get the application into the court - if the change cannot be agreed between the parties, you have no option than to seek the courts permission via an application with hearing, as previously recommended to you in this thread

[ncf355]

Re: Statute Barred

Sorry, just seen your post above! :tinysmile_twink_t2:


When did the application get sent to the court?