Discontinued!!! Statute Barred

[gillwall]

Re: Statute Barred

ist credit made the aplication on the 20th of Dec 2013, I responded on the 28th Dec 2013.
Gill x

[Amethyst]

Re: Statute Barred

It does seem they are just playing word tennis with you so I'd not communicate other than through the court from now on.

You are waiting for allocation now (forms sent back 3 week ago ish)

You could giev the court a ring to check the Claimants havent submitted anything - could still be at Northampton CCBC or could have been sent to your local county court - Once you have allocation to local court and small claims, the court should make an order and you should receive a letter from them - whether for evidence of payments, or for you to amend defence, or for a hearing of the claim.

I think at that point would be best to submit an amendment of the defence depending what the court say.

(re the dates in last post - the court claim was made on 20th December and Gillwall responded with the defence on 28th Dec so it's dragging on a bit)

[gillwall]

Re: Statute Barred

Ok thank you,will keep you updated.

Thank you
Gill x :beagle2222:

[gillwall]

Re: Statute Barred

Hi everyone,
Will need some help please, Iv had a date for the hearing which id June the 6th.
Thank you
Gill x

[Amethyst]

Re: Statute Barred

Excellent You are fine. We can do a defence amendment and witness statement now which you can attach evidence such as it exists that you haven't made the payments as they claim.

You need the N244 and if you are eligible for fee remission the EX160. No hearing needed so it should be £45.

We'll go through your current defence and make the necessary amendments and attach a witness statement to support the application.

[gillwall]

Re: Statute Barred

A big thank you, naaaacan i print off the N244 form,
Gill x :tinysmile_twink_t2:

[gillwall]

Re: Statute Barred

Hi,
I have received an emil from 1st credit stating they will allow me to change my defence, her it is,



Dear Sir,

We refer to your e-mail of 09/04/2014 (timed at 12:55).

We confirm that we will agree to you amending your Defence. However, the Amended Defence must be sent to us prior to filing at Court and in compliance with CPR Part 17. We include the links below:-

http://www.justice.gov.uk/courts/pro...rt17/pd_part17
http://www.justice.gov.uk/courts/pro...l/rules/part17

For the avoidance of doubt, the Amended Defence shall be compliant with the above rule: i.e. numbered paragraphs; struck through the original text is deleted; and any changes either in another coloured font (red is most commonly used), or underlined.

The Amended Defence must be signed with a statement of truth.

We will allow you a period of 21 days (taking into consideration the Easter period) in which to send the Amended Defence for our approval before filing at Court.

As indicated in the above Practice Direction, the costs of this exercise will be borne by you and we reserve the right to claim costs against you should we be required to undertake additional work in response.

We look forward to receiving your Amended Defence by no later than 01/05/2014, 4.00pm.

Yours faithfully,

1^st Credit Limited



Do i send them witness statment.

Thank you
Gill x :tinysmile_hmm_t2:

[Amethyst]

Re: Statute Barred

Super well done getting their agreement, makes life simpler.

[Amethyst]

Re: Statute Barred

Right, Original Defence



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


First thoughts on ameding defence and accompanying witness statement to the application:



IN THE NORTHAMPTON COUNTY COURT (CCBC)

CASE No: XXXXXX

BETWEEN:

1st Credit Xxxxx

CLAIMANT

And

GILLWALL

DEFENDANT

__________________________________________________ _________________________
Defence
__________________________________________________ ______

1. It is admitted that the Defendant entered into an agreement with Lloyds Bank Plc on or around XX XXXXXXXX 200X

2. The Defendant contends that this is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. 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.

3. The Defendant last acknowledged this debt by way of payment on XXX June 2006.

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




Statement of Truth
The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………
Dated




Witness Statement

IN THE NORTHAMPTON COUNTY COURT (CCBC)

CASE No: XXXXXX

BETWEEN:

1st Credit Xxxxx

CLAIMANT

And

GILLWALL

DEFENDANT

__________________________________________________ _________________________
Witness Statement
__________________________________________________ ______

1. On XXXXXXXXXXXX I opened a Credit Card account with Lloyds Bank Plc account reference XXXXXXXXXXXXXXXXXXXXXXX

2. On xxxxxxxxxxxxxxxxx I made a claim under a linked Payment Protection Policy which was denied [Exhibit A] due to the policy being inapplicable to the self-employed.

3. On xxxxxxxxxxxxxx I made a payment to Lloyds Bank Plc of £XXXXXX by Direct Debit??/Standing Order?? from my current account held at XXXXXXXXXXXXX Bank.[Exhibit B]

4: On xxxxxxxxxxxxxxx the account entered into a default

5: I had no further contact from xxxxxxxxxx

6. On xxxxxxxxxxxx I received a county court claim form from 1st Credit

7. On xxxxxxxxxxxxxx I acknowledged the claim through the Moneyclaim online website and entered my initial defence to the claim.

8. On xxxxxxxxxxxxx I sent a letter to the claimants under CPR 31.14 [Exhibit C]

9. On xxxxxxxxxxxxx I received a response from the Claimant stating [Exhibit D]

10 On xxxxxxxxxxxxxxxxxx I responded to the Claimant [Exhibit E]

11 I have never entered into any debt management plan

12 etc

13 etc




Statement of Truth
The Defendant believes that the facts stated in this Witness Statement are true.



Signed …………………………………………
Dated

[gillwall]

Re: Statute Barred

Big thank you, is there a charge for doing this.
Gill x:beagle2222:

[Amethyst]

Re: Statute Barred

If you have the other parties agreement to the amendment then I believe there is a charge of £45 as it will be an application.

[gillwall]

Re: Statute Barred

Thank you, when do i pay this and who to.
Gill x:beagle2222:

[Amethyst]

Re: Statute Barred

It will be to the court - Wolverhampton ? when you submit your application for amending the defence.

We should put more in about the non existent debt management plan. Its a bit odd them claiming so many payments were made and that it was through a dmp, if they were just making something it it would be more like the odd £8 payment through a DCA not five months worth of £50.

Is the debt they are claiming that amount lower than the debt as it stood when defaulted? answering my own question ''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'' should be about 600 less if those payments had actually been made as they allege.

Was it a joint card at any time and the other account holder in a dmp at any time?

Did they indicate any company name who this dmp payment was supposedly from?

[Amethyst]

Re: Statute Barred

Would you be able to upload the screen print they mentioned in their letter ''We enclose a screen print from Lloyds. The payments on your account were received from debt management companies. "'

[gillwall]

Re: Statute Barred

Oooops, post 65 should read there is no evidence of payments going to any dca.
Gill x:beagle: