Is It Still Legal???

[Wapping69]

I recently received some court papers for an old credit card debt and am awaiting a mediation hearing. There are grounds on which I'm disputing the claim but a sticking point is that on the court papers the card account number is wrong and aldo I have pointed this out and have referred to the correct number the claimant still wishes to proceed.
I sent them a FOI request including the account number they gave the court but they now say they do not have any record of that account number and now refer to the original account as the one I gave on query. If the wrong number is not changed on the claim from the court is it still valid or can I move to have the claim struck?:juge:

[orfoster]

Re: Is It Still Legal???

Hello and welcome to LB,

From my own experience I would add this in the defence that you don't recognise the account referred to. Unfortunately a judge is likely to grant an order to change the account number if the Claimant makes this change.

In any event they would simply be able to withdraw the claim and sue again wouldn't they?

When you mention FOI, you mean you sent them a Subject Access Request pursuant to the Data Protection Act? To obtain all of your records?

[Wapping69]

Re: Is It Still Legal???

I have since received a full info package from my old bank which shows that my last payment was 2/7/08, and the 1st letter from the DCA was dated 27/11/14... 6yrs-4mnths+25 between which supports my prime defence of statute barred.
Now I have the bank records to back me up I will go with statute barred and throw in the mistakes and denial's from both the legal team and the DCA. I mite even submit a claim of harassment along with compensation.
They have already proffered a 20% off (not enough). they should not have lied. Next step is claiming back the PPI. Finally I'm not insisting they change the number as they have already done that and not informed the court.
I'll wait till its in front of a judge and point it out to him/her, then they can explain their action.
Thanks for your reply but it was only me looking for a quick out as its dragged on a bit now. Wapping69

Hello and welcome to LB,

From my own experience I would add this in the defence that you don't recognise the account referred to. Unfortunately a judge is likely to grant an order to change the account number if the Claimant makes this change.

In any event they would simply be able to withdraw the claim and sue again wouldn't they?

When you mention FOI, you mean you sent them a Subject Access Request pursuant to the Data Protection Act? To obtain all of your records?

[nemesis45]

Re: Is It Still Legal???

IF,

There has been no payment or unequivocal written acknowledgment of the debt since 27/07/2008 on that basis yes the debt is statute barred.

It may be useful to check the actual default date ( try Noddle Call Credits free online credit files)

Who are the parties concerned here i.e. the claimant and or solicitors??

[Wapping69]

Re: Is It Still Legal???I agree Nemesis, and to make sure I've checked the first late

IF
There has been no payment or unequivocal written acknowledgment of the debt since 27/07/2008 on that basis yes the debt is statute barred.

It may be useful to check the actual default date ( try Noddle Call Credits free online credit files)

Who are the parties concerned here i.e. the claimant and or solicitors??

I agree Nemesis, and to make sure I've checked the first late payment fine which would define a default, and it was the 1/8/08... also the late payment date should have read 2/7/2008. either date is over the six year limit. I will also be asking for out of pocket expenses as for FOI's, reg post etc. as they ignored the statute barred defence. Forcing me to get the proof from the original lender, their legal team, and themselves... which they did not fully comply with. I prepare the papers this week-end and the costing's etc.

[nemesis45]

Re: Is It Still Legal???I agree Nemesis, and to make sure I've checked the first late

I agree Nemesis, and to make sure I've checked the first late payment fine which would define a default, and it was the 1/8/08... also the late payment date should have read 2/7/2008. either date is over the six year limit. I will also be asking for out of pocket expenses as for FOI's, reg post etc. as they ignored the statute barred defence. Forcing me to get the proof from the original lender, their legal team, and themselves... which they did not fully comply with. I prepare the papers this week-end and the costing's etc.

Good work!!

It is totally wrong for you to be put to proof on the status of the debt it is for the creditor/DCA to prove otherwise.

Go for em!!!

nem