County court claim received

[FlamingParrot]

Re: County court claim received

Hi FlamingParrot,

below is exactly what is on the summons -

1 - the defendant entered into a credit agreement described by the original creditor as Capital One-Credit Card and having account number xxxxxxx ('the Account')
2 - The Claimant, a UK Limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the Account
3 - The Defendant is indebted to the Claimant in respect of the account in the sum of 1350.18
4 - The Claimant claims the said sum of 1350.18, plus costs

From the above I can ask for copies of the credit agreement, can I also ask for any other details of the account as they state the account number, such as payment history (I ideally wish to confirm the last actual payment date to see if it is as I believe Statute Barred)?

If I can only get the credit agreement, I am unsure as to how to proceed because I cannot be certain if it is Barred or not.

The CPR 31.14 request is just for documents mentioned on the particulars of claim, not for general information. You can ask for the agreement and the notice of assignment.

You could submit a separate request for information, take a look here: http://www.legalbeagles.info/forums/...233#post388233

If you say the account is SBd, the onus would be on the claimant to show it isn't, for example by providing statements showing a payment made in the past 6 years.

The idea of requesting a copy of the agreement and the notice of assignment is to have a backup plan in case there was a payment made in the past 6 years that you don't recall. Non compliance with a CCA request is a bar to enforcement and you can use that in your defence as per Amethyst's earlier post above.

[tnageoff]

Re: County court claim received

Thank you so much for your quick reply. I will send the letters today and submit my defense via the gov website also.

Thanks again,
Geoff

[tnageoff]

Re: County court claim received

Hi again,

having filed my defense and requested documents from Cabot, their solicitors have replied saying that they do not accept my defense and will be proceeding to take it to court.

In one of their letters they state that the credit agreement was terminated on 12th April 2009 before being passed to them on 29th March 2011. As I haven't made any acknowledgement of the debt in writing or made any payments since it was terminated, I am confused as to why they would proceed? Any help would be appreciated on this point.

I have also been sent a small claims form to fill out and it says about using the mediation service, does anyone have any helpful advice about if this is worthwhile?

Thanks in advance for any help.

[FlamingParrot]

Re: County court claim received

Hi again,

having filed my defense and requested documents from Cabot, their solicitors have replied saying that they do not accept my defense and will be proceeding to take it to court.

Was your defence based on it being statute barred or just not receiving documents?

In one of their letters they state that the credit agreement was terminated on 12th April 2009 before being passed to them on 29th March 2011. As I haven't made any acknowledgement of the debt in writing or made any payments since it was terminated, I am confused as to why they would proceed? Any help would be appreciated on this point.

They may be concocting something such as a phantom payment. If your defence was that it is SBd, the burden on proof is on the claimant to disprove that fact, not on you to prove it. :thumb:

I have also been sent a small claims form to fill out and it says about using the mediation service, does anyone have any helpful advice about if this is worthwhile?

Thanks in advance for any help.

The general idea is that most people are expected to agree to mediation, only it can't take place when they haven't provided the documents requested. However, if you are defending on the basis of SBd I wouldn't consider mediation, there's nothing to mediate if the debt is SBd.

On that form you need to provide details of your local court and any dates you won't be available to attend a hearing. There is no reason to object to small claims allocation and where they ask how many witnesses you would say one (yourself).

[nemesis45]

Re: County court claim received

Hi again,

having filed my defense and requested documents from Cabot, their solicitors have replied saying that they do not accept my defense and will be proceeding to take it to court.

In one of their letters they state that the credit agreement was terminated on 12th April 2009 before being passed to them on 29th March 2011. As I haven't made any acknowledgement of the debt in writing or made any payments since it was terminated, I am confused as to why they would proceed? Any help would be appreciated on this point.

I have also been sent a small claims form to fill out and it says about using the mediation service, does anyone have any helpful advice about if this is worthwhile?

Thanks in advance for any help.

Yes tick for mediation the court will expect the parties to a claim to have attempted a resolution
prior to a hearing.

What exactly did you use as a defence " statute barred" what is the date of issue on the claim form (N1).

nem

[tnageoff]

Re: County court claim received

Hi FlamingParrot & Nem,

Thanks for the advice. Yes, my defence was based on the debt being statute barred.

The date of issue is 20th March 2015 on the claim form.

Regarding the concoction of a payment, do you think it advisable before this gets to court for me to get my last 6 years bank statements to be able to prove no payment was made? I have never been to court and am concerned that if they provide something made up to 'prove' a payment I have never made, I won't know what to do!

Thanks
tnageoff

[FlamingParrot]

Re: County court claim received

Hi FlamingParrot & Nem,

Thanks for the advice. Yes, my defence was based on the debt being statute barred.

The date of issue is 20th March 2015 on the claim form.

Regarding the concoction of a payment, do you think it advisable before this gets to court for me to get my last 6 years bank statements to be able to prove no payment was made? I have never been to court and am concerned that if they provide something made up to 'prove' a payment I have never made, I won't know what to do!

Yes, it would definitely help to get them. By the time it gets to court (if it goes that far), you should have them (they have 40 days to supply them). The burden of proof is on the claimant but, as they say, every little helps. :thumb:

[tnageoff]

Re: County court claim received

I'll get them on order! :-)

I know I have thanked everyone everyone, but I can't express my gratitude for all of your help :-)