Court Claim - Lowell / Vaquis - 1-10-2015

[Kati]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

Before making and claim that the alleged debt is statute barred what exactly are your grounds for this claim, although the onus of proof
that the debt is not stat barred falls entirely upon the claimant a judge may well ask for your reasoning on the claim of SB.

SB in England & Wales = 6 clear years with no payment ( to any party) or unequivocal written acknowledgment of the debt.
The debt must be statute barred before the CC Claim was issued.

nem

Date of issue 1st October 2015, date of last payment:

Other Info:
The last payment I can find for this on my historic bank statements is dated 18 Sep 2009

... so pushing it fine on SB'd, but might be worth a shot??

[nemesis45]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

Date of issue 1st October 2015, date of last payment:
... so pushing it fine on SB'd, but might be worth a shot??

Thank Kati!

It's very close, but as you say worth a try!

Please be aware that Lowell may find an " excuse" for rejecting the status
of the debt e.g. a 1 off mystery payment, a claim that the " account fell into default on a date that
means the debt is not statute barred.

nem

[ShavedApe]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

Because of the uncertainty I am reluctant to push the SB defence if as you say they claim things like a one off mystery payment. I am pretty sure that I had already fallen behind before starting up these payments again but I sadly don't have any evidence of that it is after all a long time ago.
If Lowell where to try something like a one off mystery payment could I defend against it. I really don't know what the best course of action is here so I really do appreciate any help given.

Is it best to perhaps go with the defence I posted above and if so it correct or have I made any errors.

Thanks

[Amethyst]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

On the defence you can take out reference to s. 77 as that is for fixed sum loans rather than running account account credit ( see http://www.legislation.gov.uk/ukpga/1974/39/section/78 ) - otherwise it looks absolutely fine to me. If last payment was 18th Sept and claim was issued 1st Oct it's really not likely to be statute barred I'm afraid - the cause of action wouldn't have been until at earliest, the day after your next payment was due, so 18th Oct possibly, so there isn't any point pleading it as it will just get refuted.

[nemesis45]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

Because of the uncertainty I am reluctant to push the SB defence if as you say they claim things like a one off mystery payment. I am pretty sure that I had already fallen behind before starting up these payments again but I sadly don't have any evidence of that it is after all a long time ago.
If Lowell where to try something like a one off mystery payment could I defend against it. I really don't know what the best course of action is here so I really do appreciate any help given.

Is it best to perhaps go with the defence I posted above and if so it correct or have I made any errors.

Thanks

The onus of proof that a debt is not statute barred falls entirely upon the claimant.

nem

[ShavedApe]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

[MENTION=6]Amethyst[/MENTION] My next payment wasn't due the 18th Oct the payments were weekly payments I was making because I had started working again pretty sure I had already fallen very behind long before the 18th of Sept but thank you for the reply as I say I cant be sure either way so I may just go with the defence above minus s. 77 Thanks again.

[ShavedApe]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

With 1 day to go until the deadline this arrived it actually arrived after the deadline would of passed but is dated the day before.



I checked on money claim and it says I was sent a DQ on the 26th that hasn't arrived yet but I am guessing I will need some help with that as I have no idea what it is. Really appreciate any help thus far thank you to all involved.

[nemesis45]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

http://i.imgur.com/Z4Zvb3B.gif[/IMG]

I checked on money claim and it says I was sent a DQ on the 26th that hasn't arrived yet but I am guessing I will need some help with that as I have no idea what it is. Really appreciate any help thus far thank you to all involved.

Judging by what I've seen recently the DQ should reach you by Monday, if not contact
the court.
The DQ is not a complicated form come back if you have a problem.

nem

[ShavedApe]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

Ok so I received the DQ and have a couple of questions.

Firstly do I agree to mediation since I am denying that I owe them anything? Also do I agree that small claims track is appropriate since again I deny any knowledge of the debt.

I'm a little concerned how to defend this in a court on my own but I really cant afford to take a solicitor with me. What happens if despite all this the courts rule in their favor?

[ShavedApe]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

I have had a look over other threads so I think I know how to fill in the DQ and I will send that back to the courts soon and keep reading so as to get a good idea as to how I should proceed after this.

[nemesis45]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

I have had a look over other threads so I think I know how to fill in the DQ and I will send that back to the courts soon and keep reading so as to get a good idea as to how I should proceed after this.

Don't delay with the DQ get it off asap, to claimants sols and the court.
Court processes have time limits, if you miss out then the claimant could
apply for judgement.

nem

[ShavedApe]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

DQ needs to be returned by the 14th and ill be returning well before then and of course supplying copies to carters and lowells of course wouldn't want them claiming I didnt.

[ShavedApe]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

So I returned my DQ and it was signed for on the 9th Dec at 8am (i had until the 14th to return it) only on the 24th Dec I received a letter dated 16th saying that I had failed to return it and i had 7 days from service of this order to return a DQ or my defence would be struck out and the claimant will then be at liberty to enter judgement.
I have emailed the courts because of course no one was working on the 24th and I intend to call them too but I am wondering what if anything I can do if they do indeed allow all this to happen. I did what I was supposed to and I do have the receipts to prove and the tracking website does indeed say they got it.

[ShavedApe]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

So apparently they lost it, convenient how its mine they lost and not Carters but anyway I have been allowed to file it again via email lets hope that doesnt get misplaced as well I will call them to confirm its been seen tomorrow.

[nemesis45]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

So I returned my DQ and it was signed for on the 9th Dec at 8am (i had until the 14th to return it) only on the 24th Dec I received a letter dated 16th saying that I had failed to return it and i had 7 days from service of this order to return a DQ or my defence would be struck out and the claimant will then be at liberty to enter judgement.
I have emailed the courts because of course no one was working on the 24th and I intend to call them too but I am wondering what if anything I can do if they do indeed allow all this to happen. I did what I was supposed to and I do have the receipts to prove and the tracking website does indeed say they got it.

Yes get on to the court office ask for the court manager just before 10am tomorrow and tell them you have proof that the DQ was delivered. insist on speaking to the manger!!


nem