Drydensfairfax claim form statute barred debt!!

[labby1]

Re: Drydensfairfax claim form statute barred debt!!

Thank yo so much.have not yet received a court hearing date but should I send it now anyway?

[nemesis45]

Re: Drydensfairfax claim form statute barred debt!!

Yes if you are happy send now.

Format: Double space all paragraphs, large blocks of text are irritating and points can be easily missed.
Header.
Claim No. xxxxxxxxxxxx

Between:

Claimants name

And

Your name ....................... Defendant of

Your address:

[FlamingParrot]

Re: Drydensfairfax claim form statute barred debt!!

Where does cabot fit into my case. The sols are acting for capquest

Sorry, my mistake We are getting a lot of claim from Cabot at the moment. :mmph:

Thank yo so much.have not yet received a court hearing date but should I send it now anyway?

Yes, definitely. I think I mentioned on one of my earlier posts a case where the whole thing was disposed of without a hearing, i.e. the application to lift the stay, strike out the defence and summary judgment, which is why I suggested sending a witness statement to oppose their application. :thumb: I can't see how all that could have been dealt with without a hearing but that's what happened. :mad2: :mad2: :mad2:

[labby1]

Re: Drydensfairfax claim form statute barred debt!!

Yes if you are happy send now.

Format: Double space all paragraphs, large blocks of text are irritating and points can be easily missed.
Header.
Claim No. xxxxxxxxxxxx

Between:

Claimants name

And

Your name ....................... Defendant of

Your address:

Should I add anything about asking for the application to be struck out

[FlamingParrot]

Re: Drydensfairfax claim form statute barred debt!!

Should I add anything about asking for the application to be struck out

Paragraph 1 says this is in support to your objection to their application. The application would be dismissed rather than struck out.

[labby1]

Re: Drydensfairfax claim form statute barred debt!!

Well I now have a court case so they believe the payment they took means its not statute barred.

Im a bit worried being in a litigant in person against some counsel that they will send.

Any tips please?

[FlamingParrot]

Re: Drydensfairfax claim form statute barred debt!!

Well I now have a court case so they believe the payment they took means its not statute barred.

Have you got a hearing date? It can't be this year, is it?

[labby1]

Re: Drydensfairfax claim form statute barred debt!!

no...end of JAN

[FlamingParrot]

Re: Drydensfairfax claim form statute barred debt!!

no...end of JAN

Ah, in that case you've got plenty of time to prepare. :thumb:

[labby1]

Re: Drydensfairfax claim form statute barred debt!!

The hearing has been changed to 4/1/16!How and where do I start to prepare. Do I just go into court and explain the circumstances?

[nemesis45]

Re: Drydensfairfax claim form statute barred debt!!

The hearing has been changed to 4/1/16!How and where do I start to prepare. Do I just go into court and explain the circumstances?

To save time please clarify:
Defence Submitted?
Proof of statute barred status?
What is the alleged payment claimed to be??

nem

[labby1]

Re: Drydensfairfax claim form statute barred debt!!

Last payment June 2008. Defence submitted, see statement ow which tells the whole story..

WITNESS STATEMENT OF
I, , of……………………………………………………………………………………….will say as follows:

1. This is my statement in support of my objection to the Claimants application to have the STAY LIFTED and summary judgement.
1. I became aware of this case when I received a claim for on the 19^th November 2014.
2. I subsequently filed a defence.

2. The debt has not been acknowledged by me since June 2008
3. I believe the debt to be statute barred pursuant to section 5 of the Limitations Act 1980. Pursuant to section 29 (5) of the act, the relevant limitation period accrues afresh upon each part payment which is made.
4. The claimant is relying on an alleged payment of £1500 on September 28^th 2009.
5. I did not make this payment.
6. A payment of £1500 was taken from a joint Halifax account held with my wife on September 25^th 2009.
7. On the same day we checked our online banking and discovered this debit. We both went to the Halifax branch to query the payment as we did not know what it related to.
8. At the Halifax we were told a payment had been taken out from our account by Halifax Credit Card Services.
9. Since June 2008 Halifax Credit Card Services have not attempted to take any payments from this account.
10. We explained to the Halifax consultant at the branch that we knew nothing about this payment and had not authorised it.
11. We were asked to wait whilst she made some phone calls. On her return she stated that there had been an error and the 31500 has been returned to our account.
12. Exhibit LAL1 refers to our bank statement and shows the withdrawal and credit the same day for £1500 with the term “correction” next to it.
13. Paragraph 10 of the Claimants witness states that by me saying in my defence that the debt is statute barred means that I have now acknowledged the debt.
14. I believe it is my legal right to submit a defence to a claim without the claimant saying that by doing so I am acknowledging the debt.
15. The claimant further states that I have no real prospect of successfully defending the claim.
16. As stated above the debt is statute barred as no action has been accrued by me since June 2008.
17. The claimant refers to the payment in September 2009 having “bounced”. The payment taken by the claimant was debit from my account and not a cheque.

[nemesis45]

Re: Drydensfairfax claim form statute barred debt!!

Last payment June 2008. Defence submitted, see statement ow which tells the whole story..

WITNESS STATEMENT OF
I, , of……………………………………………………………………………………….will say as follows:

1. This is my statement in support of my objection to the Claimants application to have the STAY LIFTED and summary judgement.
1. I became aware of this case when I received a claim for on the 19^th November 2014.
2. I subsequently filed a defence.

2. The debt has not been acknowledged by me since June 2008
3. I believe the debt to be statute barred pursuant to section 5 of the Limitations Act 1980. Pursuant to section 29 (5) of the act, the relevant limitation period accrues afresh upon each part payment which is made.
4. The claimant is relying on an alleged payment of £1500 on September 28^th 2009.
5. I did not make this payment.
6. A payment of £1500 was taken from a joint Halifax account held with my wife on September 25^th 2009.
7. On the same day we checked our online banking and discovered this debit. We both went to the Halifax branch to query the payment as we did not know what it related to.
8. At the Halifax we were told a payment had been taken out from our account by Halifax Credit Card Services.
9. Since June 2008 Halifax Credit Card Services have not attempted to take any payments from this account.
10. We explained to the Halifax consultant at the branch that we knew nothing about this payment and had not authorised it.
11. We were asked to wait whilst she made some phone calls. On her return she stated that there had been an error and the 31500 has been returned to our account.
12. Exhibit LAL1 refers to our bank statement and shows the withdrawal and credit the same day for £1500 with the term “correction” next to it.
13. Paragraph 10 of the Claimants witness states that by me saying in my defence that the debt is statute barred means that I have now acknowledged the debt.
14. I believe it is my legal right to submit a defence to a claim without the claimant saying that by doing so I am acknowledging the debt.
15. The claimant further states that I have no real prospect of successfully defending the claim.
16. As stated above the debt is statute barred as no action has been accrued by me since June 2008.
17. The claimant refers to the payment in September 2009 having “bounced”. The payment taken by the claimant was debit from my account and not a cheque.

Ok the WS is fine, you need to reference each document you intend to rely upon to support the application. if any.

Please double space all the paragraphs for easier reading a block of text could lead to points being missed.

3 copies at least 1 for the court. 1 for the claimant. at least one for you.
nem

[Amethyst]

Re: Drydensfairfax claim form statute barred debt!!

Did you include this in your witness statement btw

. In Sept 2009 a payment was taken out of our joint building society account of £1500 by the creditor. We had no knowledge of this until we saw our bank statement later on in the same day. We went into the building society personally to try and find out why the payment was taken. I was asked if I had authorised it, to which we said no. The staff member made some phone calls and came to us saying " there appears to have been a mistake and we have credited the money back to your account" I have the bank statement confirming the money going out and back in on the same day shown as a " correction" . The credit card statement shows a payment of £1500 in and on same day a reversal of £1500.

[labby1]

Re: Drydensfairfax claim form statute barred debt!!

No, not in a full paragragh .