• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

**STRUCK OUT** Court Claim - Lowell / Home retail group - 10-11-2015

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • **STRUCK OUT** Court Claim - Lowell / Home retail group - 10-11-2015

    Received a claim? Yes
    Issue Date: 10-11-2015
    Amount approx: 665.33
    Claimant: Lowell
    Solicitor: Bryan carter
    Original Credit: Home retail group

    Particulars of Claim:
    The claimants claim is for the sum of 495.69,being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and home retail group under account reference xxxxxxxxx and assigned to the claimant on 03/11/2011 notice of which has been given to the defendant.The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with and the claimant claims 495.65.
    The claimant also claims statutory interest pursuant to s.69 of the county court act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 39.64


    Stat Barred? Yes

    Have sent:

    Other Info:
    Please can someone advise me on what to write in the defence form I know this claim is statute barred.
    Many thanks in advance!
    Tags: None

  • #2
    Re: Court Claim - Lowell / Home retail group - 10-11-2015

    Hi Danjam

    So just to double check, what was the last date you believe you made a payment or acknowledged the debt ?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: Court Claim - Lowell / Home retail group - 10-11-2015

      I believe the last payment was made in 2005

      Comment


      • #4
        Re: Court Claim - Lowell / Home retail group - 10-11-2015

        Blimey, they are winging it then.

        Defence wise - something like....

        It is denied that the claimant is entitled to the relief as claimed, or at all. I contend that the claim is statute barred by virtue of section 5 of the Limitations Act 1980 which states An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. . No payment or acknowledgment has occurred since 2005.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: Court Claim - Lowell / Home retail group - 10-11-2015

          If I have completed my defence form online do I also need to send documents via post?

          Comment


          • #6
            Re: Court Claim - Lowell / Home retail group - 10-11-2015

            If you have done it online via MCOL then no, that is plenty.
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Re: Court Claim - Lowell / Home retail group - 10-11-2015

              I actually phoned the solicitors when I received the court form as I was unsure of what it was for and the guy I spoke to said it was for an Argos store card. I then asked him when the account was opened and when any payments were made he told me the account was opened in 2001 but did not have details of when the last payment was made.

              Comment


              • #8
                Re: Court Claim - Lowell / Home retail group - 10-11-2015

                If you do have further concerns I would suggest sending a CCA request off to the Claimant as backup http://www.legalbeagles.info/forums/...y-of-Agreement
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • #9
                  Re: Court Claim - Lowell / Home retail group - 10-11-2015

                  Thanks for your help will keep you posted

                  Comment


                  • #10
                    Re: Court Claim - Lowell / Home retail group - 10-11-2015

                    Just received letter from Brian Carter Solicitors telling me they are formally confirming our clients intention to proceed with this matter.
                    They will send notification to the court shortly but before they do there client is prepared to enter into negotiations to achieve a solution blah blah blah!!

                    Not sure what to do next! please help

                    Comment


                    • #11
                      Re: Court Claim - Lowell / Home retail group - 10-11-2015

                      :bump: for [MENTION=55034]nemesis45[/MENTION]
                      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                      It doesn't matter where your journey begins, so long as you begin it...

                      recte agens confido

                      ~~~~~

                      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                      But please include a link to your thread so I know who you are.

                      Specialist advice can be sought via our sister site JustBeagle

                      Comment


                      • #12
                        Re: Court Claim - Lowell / Home retail group - 10-11-2015

                        Originally posted by Kati View Post
                        :bump: for @nemesis45
                        ~
                        Got it [MENTION=49370]Kati[/MENTION] thanks:santa2:nemxx

                        Comment


                        • #13
                          Re: Court Claim - Lowell / Home retail group - 10-11-2015

                          Originally posted by Danjam View Post
                          Just received letter from Brian Carter Solicitors telling me they are formally confirming our clients intention to proceed with this matter.
                          They will send notification to the court shortly but before they do there client is prepared to enter into negotiations to achieve a solution blah blah blah!!

                          Not sure what to do next! please help

                          Good morning Danjam

                          Usual claptrap!!

                          What's the offer?

                          Has the agreement been supplied?
                          nem

                          Comment


                          • #14
                            Re: Court Claim - Lowell / Home retail group - 10-11-2015

                            hi nem thanks for the reply no offer made but today I have received a Directions questionnaire not sure how to fill out the form starting to panic!!!
                            No agreement has been supplied.

                            Comment


                            • #15
                              Re: Court Claim - Lowell / Home retail group - 10-11-2015

                              Help needed please to fill out directions questionnaire

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                              Announcement

                              Collapse
                              1 of 2 < >

                              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.
                              2 of 2 < >

                              Support LegalBeagles


                              Donate with PayPal button

                              LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                              See more
                              See less

                              Court Claim ?

                              Guides and Letters
                              Loading...



                              Search and Compare fixed fee legal services and find a solicitor near you.

                              Find a Law Firm


                              Working...
                              X