Hello and Please Help? Claim Form received For SB Debt

[RickandNat]

Hello,

Firstly, I want to take this opportunity to say Hi and thanks for such a great resource with respect to life's ups and downs.

I'm writing on behalf of my Wife, whom today received a claim form for a debt we believe to be unenforceable.

I don't want to make the mistake of assuming it is SB, so would like some guidance on the correct procedures to assist in my defence to this claim.

At the time of writing, I have submitted an AOS via the moneyclaim website using the supplied password from the form. I have also selected "I wish to defend all" of the claim.

The Claim was issued on the 8th September 2014, in respect of the following allegations:

"The claimants claim is for the sum of £862.40 being monies due from the defendant to the claimant under a non-regulated communications agreement between the defendant and Telefonica UK Limited.

Under account reference XXXXX
And assigned to the the claimant on 04/03/2011 notice of which has been given to the defendant."

It also goes on to include interest at 8% per year too.

The reason I believe this debt to be unenforceable is based on a recent credit report from equifax stating the date of default was May 2008, which dropped off my Wife's report recently, but printed copy was saved.

I've also contacted the Solicitor BW Legal to inform them and requested verbally any documents that support their case, though in hindsight, they probably won't comply until a formal request is made (your help here would be appreciated please).

Ok, I think that's everything so far.

Many thanks,

Rick

[Kati]

Re: Hello and Please Help? Claim Form received For SB Debt

Hi Rick ... Welcome to LB

I'm sure people will be along to advise you in this tomorrow (if not sooner).

If your wife hasn't paid anything or acknowledged the debt at all in the last 6 years, then it would be SBd. I'll pop on tomorrow morning to bump up your post (if needed)

Kati x

[RickandNat]

Re: Hello and Please Help? Claim Form received For SB Debt

Hi Kati,

Thanks for the response, it's reassuring to hear from someone so soon!

I'm looking forward to hearing from the 'Legal Beagles' soon.



Thanks,

Rick

[Kati]

Re: Hello and Please Help? Claim Form received For SB Debt

:bump: :bump2:

Morning Rick :tinysmile_grin_t:

I'm just bumping up your post for you :tinysmile_twink_t2:

Kati x

[RickandNat]

Re: Hello and Please Help? Claim Form received For SB Debt

Thanks

[Amethyst]

Re: Hello and Please Help? Claim Form received For SB Debt

Morning xx Thanks for bumping Kati xx

You have done the right things in acknowledging, and you're right BW Legal probably won't comply until you send a formal request - although if they agreed in the call to send you information you should write to them ( letter or email ) confirming the details and outcome of the telephone call and that you look forward to receiving the documents shortly, mention CPR 31.14. You could also add in to that letter that the debt is statute barred and if they believe to the contrary to provide you with evidence of such.

With regards the dates, if you haven't paid any of the DCA's after it defaulted with Telefonica then you are Statute Barred. Last payment would have been a month or two before a default showing on your credit file.

The legislation you want is Limitations Act 1980 - section 5 - about cause of action

CPR 31.14 is http://www.google.co.uk/url?sa=t&rct...75097201,d.d2s

I wouldn't go with the template letter though just use it for an idea and make it a much more natural 'further to our conversation on xxxxxxx' type letter - Do you want to draft something and we'll look over it ?

[RickandNat]

Re: Hello and Please Help? Claim Form received For SB Debt

Hello,

Thanks for the info.

Am am I right in saying that I should submit a CPR13.14 and also letter to advise them of my belief that this is a statute barred debt?

I'll draft a letter today and post up later.

Thanks

Rick

[RickandNat]

Re: Hello and Please Help? Claim Form received For SB Debt

Hello,

This is my first draft letter with regards to informaing the claimant (Copy to BW Legal also) of my beleif that the debt is SB.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Account Reference: XXXXXXXXXX
Claim Number: XXXXXXXX

STATUTE BARRED DEBT

Dear Sirs

I do not admit liability for this debt. To my knowledge, the last payment to this debt was made over 6 years ago and since then I have not acknowledged this debt or made any further payment to it.

As this debt is statute barred, you cannot take court action unless you can provide evidence of payment or written contact from me within this period. This is stated in s5 Limitation Act 1980, and any court claim will be defended on this basis.

If you have evidence that this debt isn’t statute barred then please provide full disclosure of all documents to me within 14 days.

The Financial Conduct Authority state in CONC 7.15 that a firm must not attempt to recover a statute barred debt where they haven’t been in contact with the customer during the relevant period. And that a firm must stop demanding payments to a statute barred debt where the customer has stated they won’t be paying it.

Please confirm in writing that you won’t pursue me further for this debt.

Yours faithfully

RickandNat

--------------------------------------------------------------------------------------------------------------------------------------------------------------

I'm working on the next one now. Any feedback will be greatly appreciated.

Many thanks,

Rick

[Kati]

Re: Hello and Please Help? Claim Form received For SB Debt

Hello,

This is my first draft letter with regards to informaing the claimant (Copy to BW Legal also) of my beleif that the debt is SB.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Account Reference: XXXXXXXXXX
Claim Number: XXXXXXXX

STATUTE BARRED DEBT

Dear Sirs

I do not admit liability for this debt. To my knowledge, the last payment to this debt was made over 6 years ago and since then I have not acknowledged this debt or made any further payment to it.

As this debt is statute barred, you cannot take court action unless you can provide evidence of payment or written confirmation of my liability during this period. This is stated in s5 Limitation Act 1980, and any court claim will be defended on this basis.

If you have evidence that this debt isn’t statute barred then please provide full disclosure of all documents to me within 14 days.

The Financial Conduct Authority state, in CONC 7.15, that a firm must not attempt to recover a statute barred debt where they haven’t been in contact with the customer during the relevant period. And that a firm must stop demanding payments to a statute barred debt where the customer has stated they won’t be paying it.

Please confirm in writing that you won’t pursue me further for this debt.

Yours faithfully

RickandNat

--------------------------------------------------------------------------------------------------------------------------------------------------------------

I'm working on the next one now. Any feedback will be greatly appreciated.

Many thanks,

Rick

Hi Rick .... I hope you don't mind, but I had a play with your first draft to see if I could get it to read more 'fluidly' (see in red) :tinysmile_grin_t:

I'm sure other Beagles will advise you soon.

Kati x

[RickandNat]

Re: Hello and Please Help? Claim Form received For SB Debt

Hi Kati,

This is why I'm here, please feel free to amend where necessary.



Further update, I've started a written log of all actions including contact with claimant. I'm hoping I won't need to refer to it in the future, but would like to should the need arise. Are there any tips of the detail I should record?

Thanks,

Rick

[Kati]

Re: Hello and Please Help? Claim Form received For SB Debt

Hi Kati,

This is why I'm here, please feel free to amend where necessary.



Further update, I've started a written log of all actions including contact with claimant. I'm hoping I won't need to refer to it in the future, but would like to should the need arise. Are there any tips of the detail I should record?

Thanks,

Rick

My advice here would be to get yourself a ring-binder. Put all your letters etc... in separate plastic pockets in the order you received/sent them (labelling each a,b,c - or something similar). You could type up a 'cover' note to keep track of what documents are where in the file :tinysmile_twink_t2:

Kati x

[Amethyst]

Re: Hello and Please Help? Claim Form received For SB Debt

I was thinking a bit more 'natural' rather than templated so you combine it all in the one letter - your statute barred letter is a little bit wayward because they have already bought a court claim against you, and they are already pursuing you for the debt through court, so really your letter is to ask for information and tell them you will be defending on stat barred issues to ensourage them to find the documents. You can attach a formal CPR 31.14 request to the letter as per the CPR template letter.

(sorry if I'm being a pain)

something like;



Dear xxxxxx

CLAIM XXXXXX - Lowell v YOUR NAME

Thank you for discussing the claim (ref xxxxxxx) with me on the telephone on Thursday. To confirm I requested you supply me with documents as I do not recognise the details of the debt as given on your claim form. We discussed the original agreement, any statements of the account and how the balance had been calculated, default notice and notice of assignment.

I understand I can request these from you under the Civil Procedure Rules 31.14 as your statement of case mentions the agreement and notice of assignment on which you are basing the claim. To that end I have attached a formal request for those documents.

On further research into what the claim may be for I have discovered I may have had an account with Telefonica, however it does appear that if there is any debt with them, which is denied, it would be statute barred by virtue of the Limitations Act section 5, as it has been well over six years since I have had any contact with the company or any DCA engaged by them.

I look forward to receiving the relevant information from you so I can assess my position regarding the claim prior to filing my defence on XXXX DATE DEFENCE IS DUE XXXXX.

Kind regards


XXXXXXX


encls.

[Amethyst]

Re: Hello and Please Help? Claim Form received For SB Debt

My advice here would be to get yourself a ring-binder. Put all your letters etc... in separate plastic pockets in the order you received/sent them (labelling each a,b,c - or something similar). You could type up a 'cover' note to keep track of what documents are where in the file :tinysmile_twink_t2:

Kati x

Sounds like an excellent plan. (I should do that too actually lol)

[Kati]

Re: Hello and Please Help? Claim Form received For SB Debt

Sounds like an excellent plan. (I should do that too actually lol)

- I used to scan everything and keep them on the computer in a folder (until it died on me and I lost everything :tinysmile_cry_t

[RickandNat]

Re: Hello and Please Help? Claim Form received For SB Debt

Hi Amethyst,

I like your version much better than my first attempt.

Do I need to send this letter to both the Claimant and the appointed Solictor (BW Legal) or is it just the latter?

I'll have another bash at this letter now and will post up ASAP.

Also Kati, the ring binder is a cracking idea, and something I'm happy to start doing staright away. I guess my time in the police has taught me to document everything!!

I'll be in touch soon.


Thanks

Rick