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Re: Lowells, Fredrickson and Bryan Carter - Land of Leather- Advise Please
Had a thought while typing the below - I think the 'stat barred doesn't come in till the end of the agreement' is wrong still, however, if the agreement, if it exists which it does not as it is fraudulent, was for 3 years interest free credit and you need make no payments until the end of the itnerest free payment, ie. where you buy the sofa and don't pay anything for the first 3 years they start charging you interest, or you can chose to pay it off within those three years without being charged any interest, it would be the case that cause of action wouldn't kick in till 3 months after the interest/payment free period ended.
Might be over thinking.
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1: I received the claim [Claim Number] from the Northampton County Court Business Centre on 24th October 2014
2: This claim is for a Hire Purchase agreement regulated under the Consumer Credit Act 1974.
3: It is denied that the Defendant has entered into an agreement with Creation Finance. The Defendant purchased a sofa from Land of Leather on an interest free basis. No agreement was signed or entered into between the Defendant and Creation Finance.
4: It is the Defendants belief that the last payment and acknowledgement on the account was over 6 years ago and accordingly considers the debt to be statute barred by virtue of Section 5 of the Limitation Act 1980.
5. On the xxxxxxxxxxxxxx 2014 the Defendant sent a formal request for a copy of any original agreement to xxxxxxxxxxx pursuant to section 78(1) of the Consumer Credit Act 1974 along with the statutory £1 fee.
6. No documents have been sent to the Defendant. The Claimant has failed to comply with my request under the Consumer Credit Act 1974 and by virtue of such cannot enforce the agreement if one so exists.
7. The Defendant denies the Claimant is entitled to claim the relief claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed …………………………………………
Dated .................................................. ....
Had a thought while typing the below - I think the 'stat barred doesn't come in till the end of the agreement' is wrong still, however, if the agreement, if it exists which it does not as it is fraudulent, was for 3 years interest free credit and you need make no payments until the end of the itnerest free payment, ie. where you buy the sofa and don't pay anything for the first 3 years they start charging you interest, or you can chose to pay it off within those three years without being charged any interest, it would be the case that cause of action wouldn't kick in till 3 months after the interest/payment free period ended.
Might be over thinking.
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1: I received the claim [Claim Number] from the Northampton County Court Business Centre on 24th October 2014
2: This claim is for a Hire Purchase agreement regulated under the Consumer Credit Act 1974.
3: It is denied that the Defendant has entered into an agreement with Creation Finance. The Defendant purchased a sofa from Land of Leather on an interest free basis. No agreement was signed or entered into between the Defendant and Creation Finance.
4: It is the Defendants belief that the last payment and acknowledgement on the account was over 6 years ago and accordingly considers the debt to be statute barred by virtue of Section 5 of the Limitation Act 1980.
5. On the xxxxxxxxxxxxxx 2014 the Defendant sent a formal request for a copy of any original agreement to xxxxxxxxxxx pursuant to section 78(1) of the Consumer Credit Act 1974 along with the statutory £1 fee.
6. No documents have been sent to the Defendant. The Claimant has failed to comply with my request under the Consumer Credit Act 1974 and by virtue of such cannot enforce the agreement if one so exists.
7. The Defendant denies the Claimant is entitled to claim the relief claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed …………………………………………
Dated .................................................. ....
re attached my file ? :tinysmile_grin_t:
it's missing a word at the end.
do I send copies of correspondence . The ones requesting documented proof ? X
moll
please you good people out there can you give me some good advise .... many thanks . Molly
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