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Hi all. got a problem and wondering where I stand legally. On 27th May 2009 I had a 2000.00 unsecured loan from the Halifax.They just gave me the loan and I never signed any paperwork for it.Due to unforseen circumstances I have not been around to make any payments.I have recently returned home and 2 weeks ago I got a letter from Lowell Portfolio demanding payment.which I ignored,this week I recieved a court claim form and a letter from Bryan Carter solicitors telling me I would recieve a court claim form within 48 hours. I have sent Lowell;s a CCA letter with a postal order and also sent Bryan Carters a CPR 31.14. I have also been to the money claim website and stated I will be defending in full. What I'm wondering is,I know I never signed any agreement with the bank which I thought was strange at the time,I have never aknowledged this debt with anyone nor made a payment due to not being around.Am I right in thinking that the statute barred thing will fall on the 27th of this month.If so how will all this legal stuff affect it ? many thanks in advance
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Re: newbie seeking help ASAP
SB time clock stops when Court action starts they are in time ,
plenty of advice from others on here its early yet there will be plenty of help -
Re: newbie seeking help ASAP
Hi welcome to LB,
Is the 2009 date the date the account was opened.
You can expect a " standard " reply from Carter on the CPR31.14 request, i.e. " the claim will likely be allocated to the small claims track and CPR 31.14 does not apply". However given the information you have supplies re " no signature" I would suggest pushing Carter on this.
Back to the " no signature " part of your thread can you please clarify:
1. How was the application for the loan made?
2. By post?
3.In bank branch?
4.Internet application?
nemComment
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Re: newbie seeking help ASAP
Hi,yes the 2009 date was the date loan applied for and given in my local branchComment
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Re: newbie seeking help ASAP
Hi,Originally posted by jollypirate View Post
Nothing given to you to sign, no copy of an agreement handed to you at the time??
nem
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Hi,Originally posted by jollypirate View Post
Nothing given to you to sign, no copy of an agreement handed to you at the time??
nemComment
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Re: newbie seeking help ASAP
no I didn't sign anything,I can remember remarking to my partner at the time that it was funny that they never gave me anything to sign,I could have been anybodyComment
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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