Court Claim - Lowell / Capital One - 19-2-2014

**nemesis45** · 7th January 2015, 16:32:PM

Re: Court Claim - Lowell / Capital One - 19-2-2014

Hi welcome,
Statute barred is a complete defence.
The debt must have been statute barred prior to the court claim being issued is this the case as the 6 year clock stops on the date a claim is issued.
What are Lowell putting forward?

**JDOG1982** · 7th January 2015, 16:51:PM

Re: Court Claim - Lowell / Capital One - 19-2-2014

Hi

I have already completed and sent court my defence a while ago, in response to my defence the court has requested the claimant to complete the N180 form which they have and stated that they want to settle out of court. I need to send the court and claimant the completed Directions Questionnaire N181 form.

I am just stuck on a few questions. Like....

pre-action protocols etc

**Nibbler** · 8th January 2015, 08:26:AM

Re: Court Claim - Lowell / Capital One - 19-2-2014

Saw your thread on MSE earlier. So you have something like http://hmctsformfinder.justice.gov.u...s/n181-eng.pdf to fill in?

**JDOG1982** · 8th January 2015, 08:30:AM

Re: Court Claim - Lowell / Capital One - 19-2-2014

Originally posted by Nibbler View Post

Saw your thread on MSE earlier. So you have something like http://hmctsformfinder.justice.gov.u...s/n181-eng.pdf to fill in?

Yeah thats the form, some of the questions are straight forward but some sections like 'Pre-action Protocols' & 'Case Management information' & 'Disclosure of non-elecronic documents' have totally baffled me.

**Amethyst** · 8th January 2015, 08:37:AM

Re: Court Claim - Lowell / Capital One - 19-2-2014

How much approx is the claim against you for ? ( I couldn't see it on your MSE thread) If you have the N181 form it's over £10k ? Just checking as in your first post you mention both the N180 and the N181.

Presumably you submitted a defence following the set aside, and that was based on the debt being statute barred pursuant to s.5 Limitations Act.

**JDOG1982** · 8th January 2015, 08:42:AM

Re: Court Claim - Lowell / Capital One - 19-2-2014

Originally posted by Amethyst View Post

How much approx is the claim against you for ? ( I couldn't see it on your MSE thread) If you have the N181 form it's over £10k ? Just checking as in your first post you mention both the N180 and the N181.

Presumably you submitted a defence following the set aside, and that was based on the debt being statute barred pursuant to s.5 Limitations Act.

The debt is for 9.5k so under 10k. Yeah i submitted my defence, since then i received information from the claimant statimg they would settle out of court. They also sent me N180 form which they have completed. On the letter i got from court states that i need to complete the N181 form.

**Amethyst** · 8th January 2015, 08:50:AM

Re: Court Claim - Lowell / Capital One - 19-2-2014

It SHOULD be the N180 as it is small claims so after 9/10 give the court you are at a call and double check with them they haven't just made a typo - as the claimants have completed the N180 I'd say that is the case. If not and the court have just stuck you in fast track, maybe court costs and interest takes it over the £10k and the rubber stamping processors have burgered up, then we'll just need to add directions to the N181 to ask it be moved to small claims.

**Amethyst** · 8th January 2015, 08:52:AM

Re: Court Claim - Lowell / Capital One - 19-2-2014

Here's some help with the N180 if it's that form http://www.legalbeagles.info/forums/...l-Claims-Track

IF it's N181 (to be confirmed by court etc)

A - 1) No 2) No 3)

B - ignore

C - yes

D - No ( as this refers to current and future applications not ones already concluded)

D2 - Small Claims ( and we'll add directions if the claim is for less than 10k - something like http://www.legalbeagles.info/forums/...9&d=1408720944 & http://www.legalbeagles.info/forums/...0&d=1408720962)

D3 - ignore (its for multitrack cases which yours isn't)

D4 - you could do disclosure directions - but usually this is left to the claimant solicitor - depends if we do directions for under 10k small claims or not really

E - No - No - No - ignore

F - your own name - last acknowledgement of debt

G - less than one day - 1 hours

H - ignore

I - No ( unless you do)

J - ignore

K - sign date etc

**JDOG1982** · 8th January 2015, 08:55:AM

Re: Court Claim - Lowell / Capital One - 19-2-2014

Originally posted by Amethyst View Post

It SHOULD be the N180 as it is small claims so after 9/10 give the court you are at a call and double check with them they haven't just made a typo - as the claimants have completed the N180 I'd say that is the case. If not and the court have just stuck you in fast track, maybe court costs and interest takes it over the £10k and the rubber stamping processors have burgered up, then we'll just need to add directions to the N181 to ask it be moved to small claims.

It states on the letter from the court that this case is suitable for allocation to the fast track.

**Amethyst** · 8th January 2015, 08:59:AM

Re: Court Claim - Lowell / Capital One - 19-2-2014

And the claimants have done the N180 ? Have the claimants enclosed any specific directions or just completed the basics on the N180 ?

I'd still give the court a quick call to check they haven't made a cock up - it does happen far more than it should.

If they insist its in fast track then we'll need you to give a bit more background on the case / the debt etc please. Could also do with a copy of their N181, the court order, the original POC and your defence entered if possible.

**JDOG1982** · 8th January 2015, 09:28:AM

Re: Court Claim - Lowell / Capital One - 19-2-2014

Originally posted by Amethyst View Post

And the claimants have done the N180 ? Have the claimants enclosed any specific directions or just completed the basics on the N180 ?

I'd still give the court a quick call to check they haven't made a cock up - it does happen far more than it should.

If they insist its in fast track then we'll need you to give a bit more background on the case / the debt etc please. Could also do with a copy of their N181, the court order, the original POC and your defence entered if possible.

I have just rang the court and spoke to the case worker who confirmed it is the N181 form i need to complete.

I will start from the beginning, i received a letter many months ago from Bryan Carter stating i was 6 months in arrears of a court order. I joined noddle to check my credit file and there was a ccj on my record. They had put the order against me at a different address so never got any documents so was unaware of any order against me. I also believe d the debt to be stature barred so completes an N24 form to get the CCJ set aside. I went to court, which the claimant didnt attend or object to the set aside, so it was removed.

During this time i have requested proof of the debt not being statute barred but ive been ignored.

Court then requested my defence which i sent on the basis its statute barred and that ive not been given any proof its a claimable debt.

The court now requesting the N181 form from me, this is wherw i am at. So i have never received any court order or POC.

**Amethyst** · 8th January 2015, 09:34:AM

Re: Court Claim - Lowell / Capital One - 19-2-2014

Okay, could you paste me your defence please.

I have to pop out for a while but once have seen your defence and we know what the debt actually is (if you know) then we can do directions to go with the N181.

Also did you send any CPR / CCA requests?

Any directions included with the claimants N180 at all ?

**JDOG1982** · 8th January 2015, 09:40:AM

Re: Court Claim - Lowell / Capital One - 19-2-2014

Originally posted by Amethyst View Post

Okay, could you paste me your defence please.

I have to pop out for a while but once have seen your defence and we know what the debt actually is (if you know) then we can do directions to go with the N181.

Also did you send any CPR / CCA requests?

Any directions included with the claimants N180 at all ?

I dont have the option to paste or upload any documents.

My defence is that the debt is statute barred.

Basically all it states on the N180 form they completed is they ticked yes to section A1 for case to go to small claims mediation service. They ticked yes in section C1 that they agree that the small claims track is the appropriate track. Ticked No in section D2 about expert witness.

**Nibbler** · 8th January 2015, 09:48:AM

Re: Court Claim - Lowell / Capital One - 19-2-2014

Attaching documents -> http://www.legalbeagles.info/forums/...121#post388121

Court Claim - Lowell / Capital One - 19-2-2014