Discontinued!!! Statute Barred

[Amethyst]

Re: Statute Barred

Ok, is there evidence of payments going to a debt management company?

(basically if you did have a DMp running and payments were made as they contend you will need to come to some arrangement to settle/offer to pay by installments, if you never had any dmp at all, then you continue with the statute barred defence)

[gillwall]

Re: Statute Barred

ok thanks, never had a debt mangment plan, will try to upload screen print out.
Gill x

[gillwall]

Re: Statute Barred

Hi,
.Amount they are perusing is £3,601.36, defaulted on the 27/06/06. The last payment made on the credit card was on the 03/04/2006, with the outstanding balance of £3,581.74. No payments made since.

Gill x:beagle:

[FlamingParrot]

Re: Statute Barred

Hi,
.Amount they are perusing is £3,601.36, defaulted on the 27/06/06. The last payment made on the credit card was on the 03/04/2006, with the outstanding balance of £3,581.74. No payments made since.

Gill x:beagle:

In which case, see below:

Ok, is there evidence of payments going to a debt management company?

(basically if you did have a DMp running and payments were made as they contend you will need to come to some arrangement to settle/offer to pay by installments, if you never had any dmp at all, then you continue with the statute barred defence)

:high5::high5::high5::high5::high5:

[gillwall]

Re: Statute Barred

NEVER had a DMP, and there is no evidence of any payments being made since 2006 on any bank staments, My defence is to be statue barred, do i need to show or mention the previous defence off ppi , as 1st credit have ageed for me change it.
Gill x

[gillwall]

Re: Statute Barred

Hi
How does this look, any advice please, 1st credit say that must see the amended defence by the 1st of May, before i submit to the courts by the 21st of May.


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 2^nd June 2004 (Exhibit 1)

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 September 21^st 2006. Exhibit 2 (Bank statement) and Exhibit 3 (credit card statement).

4. The Claimant's claim to be entitled to payment of £3,611.33 Exhibit 4 (as indicated on correspondence from the claimant on 25^th March 2014) 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

DEFENDANT

__________________________________________________ _________________________
Witness Statement
__________________________________________________ ______

1. On 2^nd June 2004 the defendant opened a Credit Card account with Lloyds Bank Plc account reference 4670621710014956 doc 1

2. On January 2006 I made a claim under a linked Payment Protection Policy which was denied [Exhibit 5] due to the policy being inapplicable to the self-employed.
2. On January 2007 I made a claim under a linked Payment Protection Policy which was denied due to the policy being inapplicable to the self-employed

3. On 21^st September 2006I the defendant made a payment to Lloyds Bank Plc of £120.00 by Direct Debit from the defendant’s current account held Lloyds TSB Bank. [Exhibit 2]

4: On 27^th September 2006 the account entered into a default [Exhibit 6, court claim form]

5: The defendant had no further contact from Lloyds TSB

6.On 27^th December 2013 the defendant received a county court claim form from 1st Credit [exhibit 6]

7. On 28^th December 2013 the defendant acknowledged the claim through the Money claim online website and entered my initial defence to the claim.

8. On 15^th January 2014 the defendant sent a letter to the claimants under CPR 31.14 [Exhibit 7]

9. On 5th February 2014 the defendant received a response from the Claimant stating] “The defence has no chance of success”, also attached is a statement of truth from THOMAS EVANS, signing on behalf of the company [Exhibit 8]

10. On 7^th February the defendant responded to the Claimant [Exhibit 9]
11. On the 7^th February the defendant received a response from the claimant [Exhibit 10]
14. On the 19^th February the defendant requested a CPR 18 Request [Exhibit 15]
15. On the 28^th February the claimant response to the CPR 18 Request. [Exhibit 16]
16. On the 3^rd March the defendant supplied the claimant with evidence in documents from the SAR from Lloyds TSB Bank clarifying that no payments had been made in the last six years
· Exhibit 11[Bank statements]
· Exhibit 12[Experian credit report] and
· Exhibit 13[Equifax credit Report]
17. The claimant responded to the documents on the 7^th March 2014 [Exhibit 17]
18. On the 7th March 2014 the defendant contacted the claimant, requested that they may change the defence, due to evidence of documents supplied by Lloyds TSB Bank [Exhibit 18]
19. On 25^th March the claimant contacted the defendant with a screen print of alleged payments to the debt [Exhibit 19]
20. The defendant final communication with the claimant was made on the 9^th April 2014, further request to agree to the defendant change of defence. [Exhibit
21. The claimant contacted the claimant on the 10^th April agreeing to allow the defendant to change its defence [Exhibit

13. The defendant has never entered a debt management plan; therefore payments made to the claimant will be visible on the bank statements.




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



Signed …………………………………………
Dated



Many thanks
Gill x

[ncf355]

Re: Statute Barred

Looks pretty good to me

Calling Flaming Parrot...............

[Amethyst]

Re: Statute Barred

What's this bit

2. On January 2006 I made a claim under a linked Payment Protection Policy which was denied [Exhibit 5] due to the policy being inapplicable to the self-employed.
2. On January 2007 I made a claim under a linked Payment Protection Policy which was denied due to the policy being inapplicable to the self-employed

Otherwise looks good - just add Amended to the title of the Defence.

[gillwall]

Re: Statute Barred

Hi
ist credit agreed for me to change my defence if i emnded as noted in post 82. maybe i have misunderstood.
Thanks
Gill x:tinysmile_twink_t2:

[Amethyst]

Re: Statute Barred

Nope it's fine, it is normal to send them a copy as well as the court.

[gillwall]

Re: Statute Barred

ok thank you, is it ok to go? x

[Amethyst]

Re: Statute Barred

Yep take the red line off the Witness Statement though, and line 3 - you have an erroneous I

line 7 - change 'my' to 'an'

[gillwall]

Re: Statute Barred

As noted in post 82 from 1st credit

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.

Have i covered everything ? x
Gill x

[gillwall]

Re: Statute Barred

Hi everyone, do i download the N244 form or do i collect it from the court for changeing my defence and how do i pay the fee.
Thanks
Gill x

[pt2537]

Re: Statute Barred

NOOOOOOOOOOOOOOOOOOO

If you have consent to amend, you do not need to apply, see CPR rule 17.

If 1st Credit have put in writing that you can amend, then you send the amended defence to the Court with proof of consent. No app fee needeed