Claim received - statute barred or other defence??

[Amethyst]

Re: Claim received - statute barred or other defence??

Sorry I missed your posts before beaglelover.

When is your original defence date? In case they don't agree to the extension you should start preparing your defence.

If they do agree then you simply email the court saying that both parties have agreed an extension under CPR 15.5 and the new defence filing date is xx/xx/2014 and enclose a copy of their confirmation.

[beaglelover]

Re: Claim received - statute barred or other defence??

Sorry I missed your posts before beaglelover.

When is your original defence date? In case they don't agree to the extension you should start preparing your defence.

If they do agree then you simply email the court saying that both parties have agreed an extension under CPR 15.5 and the new defence filing date is xx/xx/2014 and enclose a copy of their confirmation.

Thanks for the info,
My defence is due on 26th I think - the date of the claim is 24 September. I haven't heard back from them about the extension. Can I send the Court the letter they sent me about the claim being on hold?

[FlamingParrot]

Re: Claim received - statute barred or other defence??

I don't mind paying the £10 but I'm still not entirely sure what I will gain from the request? I have rung them this morning and emailed them to ask for confirmation of the extension.

A SAR would provide you with historical data such as statements, screenprints and file notes. They can be useful to calculate amounts paid in PPI, charges, etc. as well as when the last payments were made. Having said that, time's not on your side and most banks just send data for the past 6 years.

How do I actually advise the Court? I've been using the moneyclaim online service thus far - can I do it through that? And then what do I do if I don't hear within the next 28 days? Sorry for all the questions...

By email, quoting claim number: ccbcdefendants@hmcts.gsi.gov.uk

Would be a good idea to use an email tracking service. http://www.didtheyreadit.com/ offer you a free trial where you can use the service for 10 messages, which should be enough for the purpose of dealing with your claim.

Further to above post - I presume I need to do something before my 28 days to enter my defence is up or the Court will simply enter judgement in default, won't they??

The court doesn't enter default judgment, the claimant has to apply for it.

Thanks for the info,
My defence is due on 26th I think - the date of the claim is 24 September.

The calculator puts it at Oct 27th: http://www.timeanddate.com/date/date...&am=&aw=&ad=33

I haven't heard back from them about the extension. Can I send the Court the letter they sent me about the claim being on hold?

Chase them, ring them and explain your defence is due Monday and you need their email confirmation YESTERDAY! :cell:

[beaglelover]

Re: Claim received - statute barred or other defence??

Many thanks Amethyst and Parrot for your help and excellent advice. I still haven't been able to get a response from Drydens re the 28 days but I do have the letter from them, advising the matter is on hold, so I will at least email that to the Court and I am somewhat reassured that judgement won't just get entered automatically. I may be back for further advice when and if I get a response. I have in the meantime, missed a call from Capquest which is interesting. I may call them to see if they are wanting to come to a payment arrangement outside of Court (I would have done this with them if they hadn't been so quick to issue the CCJ). Thanks again :-)

[Kati]

Re: Claim received - statute barred or other defence??

Many thanks Amethyst and Parrot for your help and excellent advice. I still haven't been able to get a response from Drydens re the 28 days but I do have the letter from them, advising the matter is on hold, so I will at least email that to the Court and I am somewhat reassured that judgement won't just get entered automatically. I may be back for further advice when and if I get a response. I have in the meantime, missed a call from Capquest which is interesting. I may call them to see if they are wanting to come to a payment arrangement outside of Court (I would have done this with them if they hadn't been so quick to issue the CCJ). Thanks again :-)

Personally, I'd keep everything in writing - that way you cannot be accused of misunderstanding or making up things if they change their minds :tinysmile_twink_t2:
K x

[beaglelover]

Re: Claim received - statute barred or other defence??

Despite calling and emailing the solicitors I still haven't had confirmation of their agreement to the 28 day extension... I therefore haven't been able to do anything to advise the court so I'm now worried.. I guess if they try to go for judgement I could apply to have it set aside on the basis of my CPR request and their response saying that the "matter is on hold until we are able to respond to.your request"? Should I advise the Court of that anyway? My original 28 days for filing was up on on 27 October but I couldn't file a defence as nothing to go on and didn't have confirmation on a 28 day extension...

[Amethyst]

Re: Claim received - statute barred or other defence??

Okay, you need to really get your defence put in today or at least Monday. I'd give the court a call and ask them the status of the claim and tell them you're putting your defence in, hopefully to stop any default judgment going through.

So the claim is for a Lloyds overdraft of approx £5k with £800 of charges/interest added. Do you recall much about the charges, how the account ran, how it got to £5k - was it purely spending until you stopped using it when charges were added, or was it overdraft charges building it up each month ? You mentioned speaking to the bank about a DMP - did the DMP go ahead, were there other debts ? Anything you remember might help strengthen the defence.

You have asked the claimants for documents and they have failed to respond.
You have sent a SAR to Lloyds to find out how the account was dealt with and how it has been calculated to be £5k.
You believe it may it statute barred. Date of Default is Nov 2008 but you stopped making payments into the account with a view to starting a DMP in July/August 2008.
It was a joint account and only you are named on the claim.
You are a student with very limited income.

[Kafka]

Re: Claim received - statute barred or other defence??

You said in post #34 that you would email the court with the letter from them saying that the matter was on hold. Did you do that? If not you could send it with the defence to inform the court what they have said, in case they query your lateness.

[beaglelover]

Re: Claim received - statute barred or other defence??

Hi, sorry I've been a little absent, I just haven't had a chance to return.. I received confirmation from the solicitors that they agreed to the extension and emailed the court who replied to say that they had updated their records. It is now more than another 28 days and I have still heard nothing... should I enter a defence or apply to have it set aside on the basis that I can't really enter a defence with no paperwork.. Many thanks for all the advice so far. :-)

[beaglelover]

Re: Claim received - statute barred or other defence??

Hi, I had thought that this was not going to be resurrected as I have never heard back from the solicitors with any of the info that I requested... However I came home today to a judgement from the Court!! :-(( I rang the solicitors immediately and the call centre said they "wrote to me.." I've never received anything, where do I go from here? My credit file was starting to look tidy and this takes me right back to the beginning...:-((

[nemesis45]

Re: Claim received - statute barred or other defence??

Hi, Did you file a defence??
If you did not file within the time allowed,(I see you had an extension) the claimant is entitled to apply for judgment by default.

nem

[FlamingParrot]

Re: Claim received - statute barred or other defence??

Hi, I had thought that this was not going to be resurrected as I have never heard back from the solicitors with any of the info that I requested... However I came home today to a judgement from the Court!! :-(( I rang the solicitors immediately and the call centre said they "wrote to me.." I've never received anything, where do I go from here? My credit file was starting to look tidy and this takes me right back to the beginning...:-((

Did you do anything after your last post below? Did you submit a defence within the 28 days agreed on the extension? If you didn't, then the claimant had the right to apply for default judgment.

In certain cases, you may be able to apply for the judgment to be set aside, but we need to know what happened after your last post on Nov 28th. :noidea:

Hi, sorry I've been a little absent, I just haven't had a chance to return.. I received confirmation from the solicitors that they agreed to the extension and emailed the court who replied to say that they had updated their records. It is now more than another 28 days and I have still heard nothing... should I enter a defence or apply to have it set aside on the basis that I can't really enter a defence with no paperwork.. Many thanks for all the advice so far. :-)

[beaglelover]

Re: Claim received - statute barred or other defence??

Thanks for the response...I didn't do anything... I guess I misunderstood the process as I thought that having requested the documentation from them, if they didn't supply it there was nothing they could do, I didn't realise I needed to submit a defence until they gave me something to defend?? Seems I was wrong and I'll have to suck it up... Because it's in default there is no arrangement to pay...I'm a student and don't have an income at the moment

[FlamingParrot]

Re: Claim received - statute barred or other defence??

Thanks for the response...I didn't do anything... I guess I misunderstood the process as I thought that having requested the documentation from them, if they didn't supply it there was nothing they could do, I didn't realise I needed to submit a defence until they gave me something to defend??

Sorry to hear that it's easily done when you are not familiar with the court process.

Basically if they don't supply the documents you have the option of either submitting an unless order to get the court to force disclosure or submitting a 'holding' defence based around the lack of documents.

Seems I was wrong and I'll have to suck it up... Because it's in default there is no arrangement to pay...I'm a student and don't have an income at the moment

How much is the judgment for?

[beaglelover]

Re: Claim received - statute barred or other defence??

Just over £6,400... :-(