Possibly statute barred! DISCONTINUED!!!

[christinez]

Re: Possibly statute barred!

No they have sent nothing in response to my letter, just this letter.

So should I just submit my defence by the allotted time?

My last payment date was 12 Jan 2010. Does this mean that I cannot claim it is SB as they raised the claim in December? Even though it wouldn't go to court until 6 years after this date.
Thanks Nem

[Celestine]

Re: Possibly statute barred!

Are you sure the last payment date was 12 Jan 2010? Or is this the default date? Can you do a screenshot of your credit report please? Email to admin@legalbeagles.info if you can't upload it here, make sure you remove/black out any name/address showing.

In any event you will need to defend on time. Their letter indicates they will not immediately respond to your defence and the claim will become 'stayed' until they find the paperwork. This is a pain because if the Limitation Act does not apply then they can 'hold the claim open' until they find/reconstitute paperwork.

If Limitation is no use, then you still have CCA dispute. When did you start this card? The screenshot of your credit file will help hopefully xx

[christinez]

Re: Possibly statute barred!

Date of birth



Account type
Credit Card

Account number
****6994 0

Account start date
07/01/2008

Opening balance
£ 1,303

Repayment frequency
Monthly

Date of default
19/07/2010

Default balance
£ 1,303

I have a statement showing the last payment on the 12 Jan 2010 and the following statement showing a missed payment and a letter stating I've missed a payment. So I definitely stopped paying in February.

If they stay the case could I apply have it struck out?
Thanks

[Celestine]

Re: Possibly statute barred!

Ok, so I think we can safely say it is not time barred unfortunately.

Now you need to await response to CCA request. If they stay the case (and now your defence must centre on non compliance with CCA) the claim may well become stayed. If this happens, either they have to ask the court to restart it (which they will be granted) or if it drags on too long you would need to make an application to strike out the case. This would cost you £155 now but this fee is due to go up to £250 soon

[christinez]

Re: Possibly statute barred!

I wonder if someone could check over my defence for me and see if everything is in there or if I have it correct?
Many thanks
Christine


1: I received the Claim No. B2AL2M0M on December 17 2015


2. The Claimant alleges that I am indebted in the sum of £1378.67 being the amount outstanding under an agreement regulated by the Consumer Credit Act 1974 (“CCA”).


3: The Claimant has not provided me with a copy of the original credit agreement despite my having sent a formal request under s.78(1) of the CCA, with the statutory payment of £1, to the Claimants, who are defined as the Creditor by virtue of s.189 CCA 1974.


4. The Claimant's have sent me a letter dated January 4 2016 stating they are in the process of retrieving the documents requested. The Claimant have so far failed to properly comply with the request made under s.78 (1) and no agreement has been supplied.


5: Therefore by virtue of s.78(6) the Claimant is unable to enforce the agreement whilst their default continues.


6: The Claimants state that the debt was assigned to the Claimant, notice of which has been provided to the defendant. However, they do not state the date that the alleged debt was assigned to them


7. The Claimants are put to strict proof that the alleged debt has been properly assigned. I have not, so far as I recall, received any notice of assignment to the Claimant from Santander Cards Ltd. I have requested a copy of the assignment notice under CPR 31.14 but to date have not received a copy.


8. The Claimants state that a default notice has been served pursuant to the Consumer Credit Act 1974


9: The Claimant is also put to strict proof that a compliant Default Notice was served in relation to the alleged agreement pursuant to CCA s. 87 & 88 (1) thus giving right to demand immediate repayment of the sums claimed. I have requested a copy of the default notice under CPR 31.14 but to date have not received a copy.


10. As the case has not been allocated as yet it is my belief I am entitled to request copies of documents mentioned in the claimants statement of case under CPR 31.14.


11: I ask, the Court asks the Claimants to provide me with the documents required to enable me to properly assess and plead my defence, and should the documents be provided allow me to amend my defence and ask the claimants to pay the costs of that amendment.


12. As things stand, it is denied the Claimant is entitled to the relief as claimed or at all.

[christinez]

Re: Possibly statute barred!

bump

[nemesis45]

Re: Possibly statute barred!

[QUOTE=christinez;609514]I wonder if someone could check over my defence for me and see if everything is in there or if I have it correct?
Many thanks
Christine

Claim No................................................ .

Between Claimant

and

Your name:

of: Your Address..........................................:


1: I received the Claim No. B2AL2M0M on December 17 2015


2. The Claimant alleges that I am indebted in the sum of £1378.67 being the amount outstanding under an agreement regulated by the Consumer Credit Act 1974 (“CCA”).


3: The Claimant has not provided me with a copy of the original credit agreement despite my having sent a formal request under s.78(1) of the CCA, with the statutory payment of £1, to the Claimants, who are defined as the Creditor by virtue of s.189 CCA 1974.


4. The Claimant's have sent me a letter dated January 4 2016 stating they are in the process of retrieving the documents requested. The Claimant have so far failed to properly comply with the request made under s.78 (1) and no agreement has been supplied.


5: Therefore by virtue of s.78(6) the Claimant is unable to enforce the agreement whilst their default continues.


6: The Claimants state that the debt was assigned to the Claimant, notice of which has been provided to the defendant. However, they do not state the date that the alleged debt was assigned to them


7. The Claimants are put to strict proof that the alleged debt has been properly assigned. I have not, so far as I recall, received any notice of assignment to the Claimant from Santander Cards Ltd. I have requested a copy of the assignment notice under CPR 31.14 but to date have not received a copy.


8. The Claimants state that a default notice has been served pursuant to the Consumer Credit Act 1974


9: The Claimant is also put to strict proof that a compliant Default Notice was served in relation to the alleged agreement pursuant to CCA s. 87 & 88 (1) thus giving right to demand immediate repayment of the sums claimed. I have requested a copy of the default notice under CPR 31.14 but to date have not received a copy.


10. As the case has not been allocated as yet it is my belief I am entitled to request copies of documents mentioned in the claimants statement of case under CPR 31.14.


11: I ask, the Court asks the Claimants to provide me with the documents required to enable me to properly assess and plead my defence, and should the documents be provided allow me to amend my defence and ask the claimants to pay the costs of that amendment.


12. It is denied the Claimant is entitled to the relief as claimed or at all,


Statement of Truth:

The statements above are true to the best of my knowledge and belief:

Signed ...................................: Dated .........................................:

Print Name,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,Defendant:

Amended #12 added header and Statement of truth.

nem

[christinez]

Re: Possibly statute barred!

Thanks Nem, I have submitted that now. I'll just see how long it takes for them to stomp up the paperwork.
Regards
Christine

[christinez]

Re: Possibly statute barred!

Hi,
I have received today a Notice of proposed allocation to the small claims track. Should I just fill it in and send back. Should i agree or not to mediation, i.e. would I be admitting the debt if I agree to it?

Also, I was just reading someone else's post regarding Hoist and have noticed that their licence is cancelled. So if they have no license how can they come after me for money?

thanks in advance
Christine

[nemesis45]

Re: Possibly statute barred!

Hi,
I have received today a Notice of proposed allocation to the small claims track. Should I just fill it in and send back. Should i agree or not to mediation, i.e. would I be admitting the debt if I agree to it?

Also, I was just reading someone else's post regarding Hoist and have noticed that their licence is cancelled. So if they have no license how can they come after me for money?

thanks in advance
Christine

There is no problem that I know of just rationalisation of the group of companies.

Yes agree to mediation it is expected that parties will attempt to resolve a claim
without recourse to a trial.

Do not contest jurisdiction.

nem

[christinez]

Re: Possibly statute barred!

Good Morning all,

I have now received a hearing date of 5th May. However, I have still not received anything at all from the other side!
1. How should I now proceed?

2. Do I just need to send my defence again into the court and also a copy to Hoist and do I need to do anything else?

3. I have no income at present although I am getting self-employed tax credits, is it worth telling the claimant that?

Thank you for your time.
Christine :beagle:

[MIKE770]

Re: Possibly statute barred!

await further court instructions, always follow what court says, up to them to follow court rules and they know it. you sent defence that is it for now? sure others will advise, do not speak to them about no income.

[christinez]

Re: Possibly statute barred!

Hi,

Just thought should I amend my defence to state that I have not received any documents that I requested from Hoist? And if so could someone look at my defence above and tell me how I should amend it?

Thanks
Christine:beagle:

[MIKE770]

Re: Possibly statute barred!

do not do anything at the moment, if they have not supplied any documents then it is going to be their problem, court process will cover this soon

[christinez]

Re: Possibly statute barred!

Hi,

It states in the paperwork from the court:

6) Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.

9) The documents to be sent to the other party and the court must include the statements of all witnesses (including the parties themselves)

I understand from this that I need to send my statement (which the court already has) again to Hoist and the court? I know some time but I like to be organised!

Christine