Drydensfairfax claim form statute barred debt!!

[labby1]

Re: Drydensfairfax claim form statute barred debt!!

Then do i send it to the court with copy to solicitors

[Kati]

Re: Drydensfairfax claim form statute barred debt!!

:bump: for [MENTION=37786]FlamingParrot[/MENTION]

[nemesis45]

Re: Drydensfairfax claim form statute barred debt!!

Then do i send it to the court with copy to solicitors

One copy to the court one to the solicitors and one for you.

nem

[FlamingParrot]

Re: Drydensfairfax claim form statute barred debt!!

Then do i send it to the court with copy to solicitors

You may want to post up a draft before sending it. :typing:

[labby1]

Re: Drydensfairfax claim form statute barred debt!!

Am I on the right track with this:

Filed by the Defendant
Name of Witness
Dated

Claim No

IN THE COUNTY COURT BUSINESS CENTRE
BETWEEN

CAPQUEST INVESTMENTS LIMITED
Claimant
And

Defendant

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.

[labby1]

Re: Drydensfairfax claim form statute barred debt!!

statement attached

[labby1]

Re: Drydensfairfax claim form statute barred debt!!

Also.... the statement attached is my wifes name only. We cannot remmber if it was her name on in Sept 2009 or if we changed it. Can i take a chance and show the statement is my wifes name only who was not party to the debt?

[nemesis45]

Re: Drydensfairfax claim form statute barred debt!!

Also.... the statement attached is my wifes name only. We cannot remmber if it was her name on in Sept 2009 or if we changed it. Can i take a chance and show the statement is my wifes name only who was not party to the debt?

For clarification this is a Joint Account? OR Was your wife just an authorised signatory?

nem

[labby1]

Re: Drydensfairfax claim form statute barred debt!!

I think it was a joint account at the time, but the statement shows a an account in my wifes name only. We must have changed it at sometime

[labby1]

Re: Drydensfairfax claim form statute barred debt!!

how is the draft statement looking. Am I right ...is it statute barred

[FlamingParrot]

Re: Drydensfairfax claim form statute barred debt!!

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.

This is the most idiotic statement I've ever heard! :rant:

On your defence you'd have stated that the debt was statute barred AT THE TIME THE CLAIM WAS ISSUED. A claim stops the clock so if it wasn't SBd at the time it was issued, it wouldn't be a valid defence. If it was SBd at the time the claim was issued, then nothing can 'un-bar' it, once a debt is SB it cannot be brought back to life by any means, not even by making a payment accompanied by a letter saying: "I'm paying £xx amount towards my debt because I owe the money and I realise I must pay it back", if you see what I mean. :lol:
So even if you had acknowledged the debt big time in your defence, it wouldn't alter the fact that it was already SBd at the time the claim was issued.

You'd think people who deal with money claims for a living would know better, I do wonder whether they are thick or like to play dumb. :noidea:

[FlamingParrot]

Re: Drydensfairfax claim form statute barred debt!!

There's also the small matter of Cabot Financial (UK) Limited not being authorised by the FCA: http://www.legalbeagles.info/forums/...357#post583357

[labby1]

Re: Drydensfairfax claim form statute barred debt!!

So is my statement on the right track

[labby1]

Re: Drydensfairfax claim form statute barred debt!!

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

[Amethyst]

Re: Drydensfairfax claim form statute barred debt!!

If you can also add in the statement from their witness statement about the payment having been bounced around para 11. Best to quote the actual text and paragraph number - same at para 15. I've just amended a couple bits from your witness statement below




1. This is my statement in support of my objection to the Claimants application to lift the stay and obtain summary judgment. I am a litigant in person.
2. I became aware of the Claimant's claim when I received a claim for on the 19th November 2014.
3. I subsequently filed a defence ( EXHIBIT A) stating that the debt is time barred by virtue of section 5 of the Limitations Act 1980.
4. The debt has not been acknowledged since June 2008. The Claimant bought this claim to court in November 2014, over six years since the debt was last acknowledged.
5. The claimant is relying on an alleged payment of £1500 on September 28th 2009.
6. I did not make this payment.
7. A payment of £1500 was taken, by Halifax, from a joint Halifax account held with my Wife on September 25th 2009.
8. On the same day we checked our online banking and discovered the unusual debit of £1500. We both went to the Halifax branch to query the payment as we did not know what it related to.
9. At the Halifax we were told a payment had been taken out from our account by Halifax Credit Card Services.
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 £1500 has been returned to our account.
13. 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.
14. This erroneous payment, taken without consultation or authorisation by Halifax Credit Card services, is incapable of being an acknowledgement of the debt.
15. Paragraph 10 of the Claimants Witness Statement states that by me saying in my defence that the debt is statute barred means that I have now acknowledged the debt.quote directly from the witness statement
16. The Claimant should be aware that pursuant to section 29 (7) Limitations Act 1980 a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment. In any event, the Defendant has a right to defend a claim bought against him.