Lowell & b carter court claim ; statute barred debt : Writing defence

[ACTION FOUR]

Bryan Carter is Claim through Northampton CCBC for Lowell.


I have just one day to write and submit my defence to MCOL online. I don't want to repeat what I have read on here. Clearly the debt is :
1. under £800; &
2. a credit card a/c with HBOS but last payment was in 2007...CLEARLY no other contact since
3.Stutute Barred

Claim form says:
1)THIS CLAIM IS FOR £xxx.xx THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVI

2)THIS DEBT WAS ASSIGNED TO/PURCHASED BY Lowell ON xx/xx/2012 AND NOTICE SERVED PURSUANT TO THE LAW OF PROPERTY ACT 1925
(*no notice served to me...I moved house 5yrs ago)

3) PARTICULARS
RE: HBOS PLC
A/C NO.............XXXXX

4) AND THE CLAIMANT CLAIMS £ XXX

5) THE CLAIMAMNT ALSO CLAIMS INTEREST PURSUANT TO S69 COUNTY COURT ACT 1984 FROM ---DATE-----DATE AT 8% P.A AMOUNTING TO £XXX.00

Now my question is how do I defend THIS COURT CLAIM ( note the facts *)

[Amethyst]

Re: Lowell & b carter court claim ; statute barred debt : Writing defence

What date is the issue date and when did you received the claim ?

Have you sent a CCA request for the original agreement.

If you believe no contact in over 6 years then you should simply enter a statute barred defence.

Something along the lines of

The debt is time barred under the Limitation Act 1980 Section 5 in that the last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. The claim is denied.

[ACTION FOUR]

Re: Lowell & b carter court claim ; statute barred debt : Writing defence

Thank you for the quick reply.
Issue Date 5th Feb 2014. Received about 10th Feb.
Acknowledged service online and on time and Now have to defend by tomorrow.
I only sent Prove andCPR 31.14 Requests to both Lowell and B Carter. Acknowledge online. B Carter wrote back that was waiting for mor instructions from Lowell. I knew he was tricking me to miss the deadline so I ignored them( Lowell and Cater) and acknowledge the service online.

My draft is like this

Claim number: XXXXXXXX

Claimant: LOWELL PORTFOLIO I LTD, RE: LOWELL FINANCIAL LIMITED

Defendant: XXXX XX
1. The Defendant has not acknowledged the debt in writing in the last six (6) years.

2. The Defendant has not paid any part of this debts in the last six (6) years.

3. The Defendant has reminded the Claimant that the debt has become BARRED and in accordance to THE LIMITATION ACT 1980 (SECTION 5), THE CLAIMANT AGGRESSSIVE RECOVERY IS LEGALLY BARRED.

4. The Defendant has asked the Claimant to prove OTHERWISE TO Paragraph 1 & 2 BUT THE CLAIMANT HAVE FAILED TO COMPLY.

5. ACCORDINGLY THE Defendant seeks the Claimants claim to be dismissed by the court as the debt is a statute-barred under the Limitations Act 1980, Section 5.

Statement of Truth

I, XXXXXX XXXXXX, the Defendant, believe that the facts stated in this Defence are true.

Signed …………………………………………

Dated ....... 2014

[Amethyst]

Re: Lowell & b carter court claim ; statute barred debt : Writing defence

Okay taken off the aggressive bit

Claim number: XXXXXXXX

Claimant: LOWELL PORTFOLIO I LTD, RE: LOWELL FINANCIAL LIMITED

Defendant: XXXX XX


1. The Defendant has not acknowledged the debt in writing in the last six (6) years.

2. The Defendant has not paid any part of this debts in the last six (6) years.

3. The Defendant has reminded the Claimant that the debt has become statute barred in accordance with THE LIMITATION ACT 1980 (SECTION 5)

4. The Defendant has requested copies of documents (agreement, default notice, assignment) mentioned in the particulars of claim in accordance with CPR 31.14 but the claimant has failed to comply with this request.

5. ACCORDINGLY THE Defendant seeks the Claimants claim to be dismissed by the court as the debt is a statute-barred under the Limitations Act 1980, Section 5.

Statement of Truth

I, XXXXXX XXXXXX, the Defendant, believe that the facts stated in this Defence are true.

Signed …………………………………………

Dated ....... 2014

[ACTION FOUR]

Re: Lowell & b carter court claim ; statute barred debt : Writing defence

Thanks to all - But pls I need more help with this defence format
Is the draft above ok?
any suggestion would be appreciated.
It's clearly a statute barred ...so I want to keep it short /brief

[Amethyst]

Re: Lowell & b carter court claim ; statute barred debt : Writing defence

It is fine if you are entering it through the Moneyclaimonline system you'll just need this bit as the statement of truth etc are on the system. If you're doing it on paper shout and I'll give you a template.



1. The Defendant has not acknowledged the debt in writing in the last six (6) years.

2. The Defendant has not paid any part of this debt in the last six (6) years.

3. The Defendant has reminded the Claimant that the debt has become statute barred in accordance with THE LIMITATION ACT 1980 (SECTION 5) (poss add in here how you reminded them, by letter dated XX/XX/XXXX or similar)

4. The Defendant has requested copies of documents (agreement, default notice, assignment) mentioned in the particulars of claim in accordance with CPR 31.14 but the claimant has failed to comply with this request.

5. ACCORDINGLY THE Defendant seeks the Claimants claim to be dismissed by the court as the debt is a statute-barred under the Limitations Act 1980, Section 5.

[ACTION FOUR]

Re: Lowell & b carter court claim ; statute barred debt : Writing defence

Thanks

[rocky1987]

Re: Lowell & b carter court claim ; statute barred debt : Writing defence

Hi Amethyst,

Could you send me a template for paper? would the posts above work for me regarding a similar matter that I want to write my defense for a statute barred debt that I have.

[nemesis45]

Re: Lowell & b carter court claim ; statute barred debt : Writing defence

Hi Amethyst,

Could you send me a template for paper? would the posts above work for me regarding a similar matter that I want to write my defense for a statute barred debt that I have.

I'm on this on OP's own thread.

nem