***WON*** debs65

[debs65]

PLEASE help me someone!! I received a claim form from Bryan Carter (on behalf of Lowell) for a debt I am cartain is statute barred. I followed advice on here and sent letters to Carter and Lowell stating this, and followed on by sending the request for information letter with the £1 fee via recorded delivery as also advised on here. neither carter or lowell responded to the statute barred letter and the 14 days is up today for them to supply me with the information I requested. The only mail I have had was a letter dated 7 November from lowell saying thankyou for your correspondence regarding your account (old capital one account). we must advise this is being dealt with by our external partner and you will need to contact them directly regarding your query. Fredrikson... po box 260, weybridge KT13 OYH. so now there is a third party involved!! I rang the court today explaining that the 14 days they had to supply me with full info on this matter had expired and they told me to complete my defence regardless( deadline Tuesday but will have to do Monday due to family matters). I do not know what to say in my defence as I have not had the info from Carter/Lowell/Fredrikson ! Due to many years of traumatic personal circumstances, I have suffered years being in a nervous/anxious state and this has got me so ill I am having severe panic attacks and can't eat or sleep - not good when I have 2 children an epileptic partner, a disabled parent and others who rely on me. PLEASE HELP ME !!

[Amethyst]

Re: debs65

Hi Debs

You have done the right things so far, just to check, what date did you receive the claim ? and did you enter an acknowledgement of claim through moneyclaimonline.

Could you also tell me what the debt is, is it a credit card/loan/catalogue or an overdraft/mobile phone debt ? and when you beileve your last payment / acknowledgement of the debt was.

If you can could you type out the particulars of claim from the front of the claim form too pls.

You've sent
CCA request with a £1
CPR 31.14 request for information
Letter stating debt is stat barred

Try not to worry, we can help you sort a defence out tomorrow once we have a bit more info ok xx

Sharon
xxx

[debs65]

Re: debs65

Thankyou for your time Sharon

I cannot recall ever paying Lowell, nor can I recall acknowledgement. This is for a capital one credit card debt which I am certain should be statute barred now.

The claim was dated 25 Oct 2014. I rang the court yesterday and they explained I had til 26th to submit defence but to try do it sooner.

Particulars state: The claimant's claim is for the sum of 627.72 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act1974 between the defendant and capital one and assigned to the claimant on 19/12/2008 notice of which has been given to the defendant. the defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with.

Any help would be truly appreciated. THANKYOU AGAIN

[MIKE770]

Re: debs65

lowells/fredrickson all the same next desk

[Amethyst]

Re: debs65

Okay good stuff, sounds like a pretty standard defence needed

Something like ( just to get you started)

-----------------------------------------------------------------------------------------------
1: I received the claimxxxxxxxxx from the Northampton County Court Business Centre on xxxxxxxxxx

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. The particulars of claim fail to state when the agreement was entered into, the date of any alleged Default or any detail how the sum claimed has been calculated.

5. The claim is Statute barred by virtue of section 5 of the Limitations Act 1980.

6. The Claimants statement of case states that the account was assigned from Capital One to Lowell on 19/12/2008. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Capital One served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the xxxxxxxxxxxxx I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to xxxxxxxxxxxxxxxxx . I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

9. [Claimant's Solicitor] has not sent any of these documents to me.

10. On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

14. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

[debs65]

Re: debs65

Thankyou!!

I have finally accessed my credit report today and it states ....."Here is your payment history over the past six years for all active and closed accounts shown on your credit report. Your report has no active accounts and 4 closed accounts"

The report shows 2 debt collection enquiry footprints dated 3 Oct 2014 and 22 Oct 2014 by Interlaken Group Ltd (googled and Lowell etc). If they know the debt is statute barred, why issue a court claim???

[FlamingParrot]

Re: debs65

I have finally accessed my credit report today and it states ....."Here is your payment history over the past six years for all active and closed accounts shown on your credit report. Your report has no active accounts and 4 closed accounts"

The report shows 2 debt collection enquiry footprints dated 3 Oct 2014 and 22 Oct 2014 by Interlaken Group Ltd (googled and Lowell etc). If they know the debt is statute barred, why issue a court claim???

Because a lot of people are not clued up about the law and wouldn't know about it so wouldn't defend the claim, others would just ignore the court papers and they'd get default judgment.

The courts wouldn't know that a debt is SBd so, unless the claim is defended, judgment can still be obtained on a SBd debt.

[debs65]

Re: debs65

Pleased I am defending then!! THANKYOU everyone for your help! really appreciate your time! feel loads better now x

[debs65]

Re: debs65

Amethyst..... thankyou again for template letter. Going to try and word it so it doesn't look like its been copied off here. Should I supply evidence.. ie copies of letters sent, proof of recorded delivery postage of letters etc..? just want to show I have done everything by the book here! xx

[Amethyst]

Re: debs65

Excellent plan You don't need to attach evidence (exhibits) at this stage - that will come later on.

[debs65]

Re: debs65

well, despite the debt being statute barred and non compliance of CCA I received a letter today saying "without predudice save as to coosts"....The court has informed us you have filed a defence. Our clients position is that there is a good prospect of it successfully proving its claim should the matter proceed to hearing. The court encourages parties to try to settle matters and our client agrees that it should be to the benefit to both parties to settle now, so as to reduce costs and avoid the necessity of preparing for and attending a hearing. For commercial reasons only therefore our client is willing to accept, in full and final settlement of its claim, a lump sum payment of £544.09 to be paid within 21 days of the date of the court order confirming the settlement. This offer will remain open til 4pm on 22 Dec 2014. To accept this offer please sign both the enclosed Tomlin Order and the Confidential Memorandum FFS Agreement... blah blah blah!!

OK guys.... what do I do now???? I could cry xx

[nemesis45]

Re: debs65

Reply is The Alleged Debt is Statute Barred therefore the claim is of no merit.
You believe that to save court time and costs that the claimant should withdraw and vacate any court appointment.

[debs65]

Re: debs65

no date or anything in Tomlin order btw. as for your advice is there a template for such a letter and should I send recorded delivery?

[debs65]

Re: debs65

no date or anything in Tomlin order btw. as for your advice is there a template for such a letter and should I send recorded delivery?

[nemesis45]

Re: debs65

no date or anything in Tomlin order btw. as for your advice is there a template for such a letter and should I send recorded delivery?

Such circumstances are " individual" as far as I know there is not one here, but I can draft something for you to amend to suit your case.
I can do this tomorrow am if you wish.