Court claim: Ascent Vs TRGZ2005

[trgz2005]

Re: Limitaion act staute barred and right of set letter. Please help

OK, I've a couple of other letters to do and a meeting later this morning, but it will get done today.

nem

Thanks Nemesis45 I really appreciate your help, means alot.
Take care speak soon.

[Kati]

Re: Limitaion act staute barred and right of set letter. Please help

[MENTION=55034]nemesis45[/MENTION] ... they've started court procedings. Any advice you can give would be welcome [MENTION=67625]trgz2005[/MENTION] ... while we're waiting for Nem to get back to you there's a few things you could be getting on with

Firstly, don't panic.

Secondly, many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

If you are unsure of any of those steps then please make a new thread on the forum (you must be registered to do this)

Once those letters have been sent off you should make a new thread on the forum (you must be registered to do this) and make a post titled the claimants name v your username, and containing the date of issue from your claim form, date of service (ie when you received the claim form), type out the Particulars of Claim (exclude account numbers) and tell us the approx amount of the claim. Also tell us any specific disputes or background to the claim you may have. If you know please also tell us the last time you made a payment towards the debt or acknowledged the debt in writing, and confirm you have acknowledged the claim, and what letters you have sent off.
OR
If you received a court claim and want to start a new thread in this forum please complete this form . Thank you.


And people here will help guide you through the next steps.

NOTE: The defence date is 28 days from service (ie when you received the claim) or 33 days (which allows 5 days for service) from the issue date printed on the front of the claim form.

http://www.timeanddate.com/date/dateadd.html

don't worry about making a new thread ... I'll move this one over xx

- - - Updated - - -

done xx

[nemesis45]

Re: Limitaion act staute barred and right of set letter. Please help

I'll be back home later will advise then.

nem

[trgz2005]

Re: Limitaion act staute barred and right of set letter. Please help

Hi Can anyone assist regarding this part of form in regard to the above document [MENTION=49370]Kati[/MENTION] kindly posted please as I'm stuck.
Kind regards.

NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

[Kati]

Re: Limitaion act staute barred and right of set letter. Please help

Well ... they mention a deed of guarantee, they say the 'principle debtor' defaulted, and they mention a formal demand. So I believe that's what you should be asking for (the deed of guarntee, proof of the default and the demand notice) I'm sure you'll get other advice soon tho' xx

[trgz2005]

Re: Limitaion act staute barred and right of set letter. Please help

Evening,
In regard to acknowledging claim on line with MCOL to get 28 days to file defence.
when it comes to the below do I tick the box?
I know it's probably obvious but I want to do this correct.
Any advice appreciated.
Many thanks.
You can choose to contest jurisdiction of the claim made against you.

I intend to contest jurisdiction

[FlamingParrot]

Re: Limitaion act staute barred and right of set letter. Please help

Evening,
In regard to acknowledging claim on line with MCOL to get 28 days to file defence.
when it comes to the below do I tick the box?
I know it's probably obvious but I want to do this correct.
Any advice appreciated.
Many thanks.
You can choose to contest jurisdiction of the claim made against you.

I intend to contest jurisdiction

No, do not tick the box saying you intend to contest jurisdiction.

Do tick the box saying you intend to defend the whole of the claim.

[trgz2005]

Re: Limitaion act staute barred and right of set letter. Please help

Morning.
Claim now acknowledged on-line.
Just a couple more questions.
As my defence is statute barred as limitations act,
Do I need to proceed with the below?
I have no problems doing the necessary paperwork but am wondering if it's correct.
Also what type of physical evidence shall I start getting filled and in order so I am prepared to send to court and claimant. I have no bank records since 2008 when personal and business accounts where shut down and demanded and or sold off to third party and alleged set off was done years after.
I apologise if I come across as a novice and or idiot, It's just this mess all round has ruined the life of myself and affected others deeply for the last 10 years and one way or the other I wish to at least resolve it prepared and ready
Also do I need to rename thread as solicitors vs me if so how does one do this?
Thanks once again all on here for your help especially @Kati helping me post images and @nemesis45 with the offer of help with letters in regard to this matter. I really thank you all from the bottom of my heart.
Kind regards

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

[nemesis45]

Re: Limitaion act staute barred and right of set letter. Please help

Morning.
Claim now acknowledged on-line.
Just a couple more questions.
As my defence is statute barred as limitations act,
Do I need to proceed with the below?
I have no problems doing the necessary paperwork but am wondering if it's correct.
Also what type of physical evidence shall I start getting filled and in order so I am prepared to send to court and claimant. I have no bank records since 2008 when personal and business accounts where shut down and demanded and or sold off to third party and alleged set off was done years after.
I apologise if I come across as a novice and or idiot, It's just this mess all round has ruined the life of myself and affected others deeply for the last 10 years and one way or the other I wish to at least resolve it prepared and ready
Also do I need to rename thread as Ascent vs me if so how does one do this?
Thanks once again all on here for your help especially @Kati helping me post images and @nemesis45 with the offer of help with letters in regard to this matter. I really thank you all from the bottom of my heart.
Kind regards

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

Hi yes proceed with all the necessary forms and court processes so you keep ahead of the game !!

nem

[trgz2005]

Re: Limitaion act staute barred and right of set letter. Please help

Hi Even the cca? would that apply to business loan and a business overdraft?
Also in regard to defence do I just fill out statue barred on paperwork quoting sections 5,29 and 30.
Is all they can do is produce some bank statement/transfer claiming moved money from 3rd party of one closed personal account to one business account as right of set off from 2***( I have evidence of this) which I certainly did not authorise or pay personally and knew nothing about which they claimed was done in 2*** even thought there was a letter claiming alleged error preventing them from contacting me regarding the matter for all these years!! (if it wasn't me I'd laugh.) Is that enough proof for court for them?
I have made inroads already with FOC have a reference number and am awaiting paperwork to launch complaint.
I have contradictory letters from bank and solicitors.
Will send CPR in depth request letter Using_CPR_31.14 in tomorrows post recorded.
Just need advice on letters of defence for court regarding limitations act 1980 and possible reply letters to solicitors and bank regarding statue barred limitations act again and pointing out the facts what they have done is incorrect and possibly advice regarding letter of complaint for ombudsman?
Oh one more thing should I request a SAR if so who too and how does one go about it?
I know it's a mess and I know I'm asking a lot and obviously do not expect anything but any assistance given I would be very very grateful for.
Kind regards

[FlamingParrot]

Re: Limitaion act staute barred and right of set letter. Please help

Morning.
Claim now acknowledged on-line.
Just a couple more questions.
As my defence is statute barred as limitations act,
Do I need to proceed with the below?

Yes, it's always a good idea to follow the process so in your defence you can combine both the fact it's SBd and also that they didn't provide any paperwork to back up their claim.

I have no problems doing the necessary paperwork but am wondering if it's correct.
Also what type of physical evidence shall I start getting filled and in order so I am prepared to send to court and claimant. I have no bank records since 2008 when personal and business accounts where shut down and demanded and or sold off to third party and alleged set off was done years after.

You don't need to provide physical evidence, in civil litigation the burden of proof is on the claimant, if you say it's SBd THEY have to provide any physical evidence to show it isn't, such as statements showing payments being made, etc.

I apologise if I come across as a novice and or idiot, It's just this mess all round has ruined the life of myself and affected others deeply for the last 10 years and one way or the other I wish to at least resolve it prepared and ready

You do not and there's no need to apologise. :nono: That's what we're here for and the questions you ask are all reasonable. :ranger: You can't be expected to be familiar with litigation and court process, they don't tell you all that when you open an account.

Also do I need to rename thread as solicitors vs me if so how does one do this?

If you edit your very first post on the thread (click the Edit Post button), then click 'Go Advanced' you should be able to edit the title of the post and that should change the thread title. Otherwise if you ask nicely, I'm sure Kati, Amethyst or another member of the site team will do it for you.

[FlamingParrot]

Re: Limitaion act staute barred and right of set letter. Please help

Hi Even the cca? would that apply to business loan and a business overdraft?

The CCA request does not apply to any kind of overdraft as that's a facility attached to a current account and not a credit agreement as such.

Was this loan made originally to a limited company?

Also in regard to defence do I just fill out statue barred on paperwork quoting sections 5,29 and 30.

You are not filing a defence yet, when you do, you'll be looking at something along these lines (but it will require quite a bit of editing so just a very rough example): http://www.legalbeagles.info/forums/...011#post494011

Oh one more thing should I request a SAR if so who too and how does one go about it?
I know it's a mess and I know I'm asking a lot and obviously do not expect anything but any assistance given I would be very very grateful for.
Kind regards

It would be a good idea to request a SAR although they are allowed 40 days to respond so you wouldn't have the statements before your defence is due, however, they should still come in very handy afterwards and the process will take a few months before going to trial (if it went that far).

The SAR has to go to the bank not the solicitors or the DCA, who wouldn't have any of the historical data. It costs £10 plus postage and the letter should be sent recorded delivery.

[FlamingParrot]

Re: Limitaion act staute barred and right of set letter. Please help

Below is a SAR letter I've used in the past to request information from banks:

Dear Sirs
Ref: xxxxxxxx

Subject Access Request – S.7 Data Protection Act 1998

Under the Data Protection Act 1998, and including the right of subject access under this Act, I hereby request that you supply me with all historical data in your possession which, in any way relates to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements or printouts of all account transactions; all internal and external correspondence sent or received by you including memos, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants’ notes, copies of stored telephone conversations, internal and external emails and any other information held on all types of media in any relevant filing system.

If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, a true copy of the Terms and conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You have 40 days in which to comply with this request.

Yours faithfully,

[FlamingParrot]

Re: Limitaion act staute barred and right of set letter. Please help

Apologies pushed wrong button. @FlamingParrot loan was a personal loan taken out before company was born. It seems they have taken part of a payment of the last repayment and credited the business loan 10 months after I paid off the personal loan. What concerns me since I have come for advice is that In the original contract the bank states it has the power to create any new account and move money from any existing account to satisfy any monies owed as it sees fit regardless of state of credit. However surely after paying off the personal should of that account been closed? I'm very confused.

Borrower: my partner
Co guarantor: me
Ultimate borrower: limited company
Security: legal charge over borrowers property which secures all liabilities to the borrower to the bank of any kind including pursuant of the guarantee.
Guarantee: XX thousand pounds to borrower and myself in respect of all liabilities of ultimate borrower.

Hope that helps?

In relation to your earlier question regarding a CCA request, going back through this thread, there is a reference to both a personal loan and one where the borrower was a limited company and you signed a personal guarantee. The particulars of claim, however, refer to the guarantee and there's no mention of anything regulated by the CCA, the claim relates to a loan to the company and not a personal loan. Loans to limited companies are not regulated by the Consumer Credit Act and the CCA request would not apply.

On the CPR request you can ask for a copy of the formal demand and deed of guarantee, I can't see anything else mentioned on the particulars, they don't mention any credit agreement because the agreement was entered into by the company and not yourself, your liability comes under the guarantee and not the credit agreement as such. One more reason the CCA request wouldn't be applicable here.

[trgz2005]

Re: Limitaion act staute barred and right of set letter. Please help

The CCA request does not apply to any kind of overdraft as that's a facility attached to a current account and not a credit agreement as such.

Was this loan made originally to a limited company?
Hi [MENTION=37786]FlamingParrot[/MENTION] many thanks for all your help and Yes the company was a limited company


You are not filing a defence yet, when you do, you'll be looking at something along these lines (but it will require quite a bit of editing so just a very rough example): http://www.legalbeagles.info/forums/...011#post494011

It would be a good idea to request a SAR although they are allowed 40 days to respond so you wouldn't have the statements before your defence is due, however, they should still come in very handy afterwards and the process will take a few months before going to trial (if it went that far).

The SAR has to go to the bank not the solicitors or the DCA, who wouldn't have any of the historical data. It costs £10 plus postage and the letter should be sent recorded delivery.

Who do I make the SAR request payable too? As i don't want them claiming that as a payment or any acknowledgement.
Also going forward do I still state on top of every letter that " I do not acknowledge debt etc..."


Many thanks [MENTION=37786]FlamingParrot[/MENTION] for advice and support.
Kind regards.