Claim form defence wording and next steps.

[coys67]

Hi,i have just received a court claim form,the particulars say "in relation to the purchase of goods payable by instalments" and dated 29/05/2007.

My memory of that time is a bit hazy as i was going through a painful divorce followed by an emotional break down but i don't believe i have paid any payments for at least 7 or 8 years and reading through the advice on this forum i believe this debt would be statute barred,would that be correct?

I have submitted an acknowledgement of service on the moneyclaim.gov website and said i intend to defend the claim.

What steps do i take next,should i submit a defence online for statute barred or fill in the court papers and return?

What wording should i use as i don't want to say the wrong thing and should i contact the claimant or their solicitors and if so what should i say?

If anyone can offer me any guidance on this i would be extremely greatful.

[Openlaw15]

Re: Claim form defence wording and next steps.

If you're sure that you have made no payments for at least 7/ 8 years, just tell the company or their solicitor (in writing) that the claim is statute barred as it was not issued within the 6 years statutory period for simple contracts.

Then see what they say, do not complete court forms if you do not have to.

[EXC]

Re: Claim form defence wording and next steps.

I have submitted an acknowledgement of service on the moneyclaim.gov website and said i intend to defend the claim.

What steps do i take next,should i submit a defence online for statute barred or fill in the court papers and return?

If you're relying on a stat barred defence you need to follow the court procedure and file one on that basis.

See here for guidance http://www.legalbeagles.info/forums/...-a-Court-Claim

[EXC]

Re: Claim form defence wording and next steps.

If you're sure that you have made no payments for at least 7/ 8 years, just tell the company or their solicitor (in writing) that the claim is statute barred as it was not issued within the 6 years statutory period for simple contracts.

Then see what they say, do not complete court forms if you do not have to.

Not a good idea.

[Kati]

Re: Claim form defence wording and next steps.

Hi,i have just received a court claim form,the particulars say "in relation to the purchase of goods payable by instalments" and dated 29/05/2007.

My memory of that time is a bit hazy as i was going through a painful divorce followed by an emotional break down but i don't believe i have paid any payments for at least 7 or 8 years and reading through the advice on this forum i believe this debt would be statute barred,would that be correct?

I have submitted an acknowledgement of service on the moneyclaim.gov website and said i intend to defend the claim.

What steps do i take next,should i submit a defence online for statute barred or fill in the court papers and return?

What wording should i use as i don't want to say the wrong thing and should i contact the claimant or their solicitors and if so what should i say?

If anyone can offer me any guidance on this i would be extremely greatful.

to LB!! Now you've acknowledged service, you should send off cca (http://www.legalbeagles.info/forums/...y-of-Agreement) and cpr (http://www.legalbeagles.info/forums/...ic-information) requests to the creditor/solicitors to try and get copies of the credit agreement and anything
mentioned in the POC. Also ... keep an eye on the time limits (33 days from issue 'til your defence is due). I'll tag [MENTION=55034]nemesis45[/MENTION] - he'll be able to advise xx

If you're sure that you have made no payments for at least 7/ 8 years, just tell the company or their solicitor (in writing) that the claim is statute barred as it was not issued within the 6 years statutory period for simple contracts.

Then see what they say, do not complete court forms if you do not have to.

:sorry: ... but NO!! If the OP does not respond to the court forms the creditor can/will go for a default judgement (and therefore a CCJ on their credit file). It's better to respond and send of the requests in the meantime. The creditor might well drop the case on it being proved SB'd but to ignore/not do the paperwork is (IMO) foolish.

[Openlaw15]

Re: Claim form defence wording and next steps.

to LB!! Now you've acknowledged service, you should send off cca (http://www.legalbeagles.info/forums/...y-of-Agreement) and cpr (http://www.legalbeagles.info/forums/...ic-information) requests to the creditor/solicitors to try and get copies of the credit agreement and anything
mentioned in the POC. Also ... keep an eye on the time limits (33 days from issue 'til your defence is due). I'll tag @nemesis45 - he'll be able to advise xx

:sorry: ... but NO!! If the OP does not respond to the court forms the creditor can/will go for a default judgement (and therefore a CCJ on their credit file). It's better to respond and send of the requests in the meantime. The creditor might well drop the case on it being proved SB'd but to ignore/not do the paperwork is (IMO) foolish.

The OP can still say it is SB as a counterargument in writing without lodging it formally as a defence. It is therefore not ignoring it is just seeing if they will drop the cause of action, and they are likely to given the facts which pertain to them being SB. I would probably say it verbally over the phone and then say you'll confirm in writing. The creditor will know full well it is SB by the 2007/ 2008 date so the proof is not required as it is prima facie.

[Kati]

Re: Claim form defence wording and next steps.

The OP can still say it is SB as a counterargument in writing without lodging it formally as a defence. It is therefore not ignoring it is just seeing if they will drop the cause of action, and they are likely to given the facts which pertain to them being SB. I would probably say it verbally over the phone and then say you'll confirm in writing. The creditor will know full well it is SB by the 2007/ 2008 date so the proof is not required as it is prima facie.

but they still should not ignore the court forms!! You said

do not complete court forms if you do not have to.

and I have seen too many people get a default judgement against them by just blindly believing that the creditor will drop a claim when told it's SB'd :sad:

- - - Updated - - -

and I've also seen too many creditors argue the SB status by coming up with 'phantom' payments (or using the £1 cca fee)

[EXC]

Re: Claim form defence wording and next steps.

The OP can still say it is SB as a counterargument in writing without lodging it formally as a defence.

Statute barred in an absolute defence, not an 'argument'. If you have a golden bullet you aim for the head. You don't try and negotiate with it. The appearance of weakness is provocative.

If the OP doesn't file a defence he's in real danger of getting a default judgment.

[Openlaw15]

Re: Claim form defence wording and next steps.

i meant argument in the legal sense not argument in general. The OP could call tomorrow and inform the creditor as to the SB debt and request an urgent response..in the interim complete a formal defence. The problem is this is expensive unless they complete the free remission form. This is why I said to sort it out over the phone informally if possible..but to do it immediately.

[Kati]

Re: Claim form defence wording and next steps.

i meant argument in the legal sense not argument in general. The OP could call tomorrow and inform the creditor as to the SB debt and request an urgent response..in the interim complete a formal defence. The problem is this is expensive unless they complete the free remission form. This is why I said to sort it out over the phone informally if possible..but to do it immediately.

but ... responding to a claim form is not a charged for service (unless I'm mistaken of course), and surely it's better to be doubly sure (and RESPOND TO THE CLAIM) than to risk a default judgement/ccj.

The fact a debt is SB'd can be entered as a claim defence easier than getting a debt purchaser to drop a claim they've already started.

[EXC]

Re: Claim form defence wording and next steps.

i meant argument in the legal sense not argument in general. The OP could call tomorrow and inform the creditor as to the SB debt and request an urgent response..in the interim complete a formal defence. The problem is this is expensive unless they complete the free remission form. This is why I said to sort it out over the phone informally if possible..but to do it immediately.

Filing a defence isn't 'expensive', it's costs nothing.

[Celestine]

Re: Claim form defence wording and next steps.

If you're sure that you have made no payments for at least 7/ 8 years, just tell the company or their solicitor (in writing) that the claim is statute barred as it was not issued within the 6 years statutory period for simple contracts.

Then see what they say, do not complete court forms if you do not have to.

Absolutely incorrect. This claim has been issued by a debt purchaser and they will not back off at a mere letter alleging time barring of a debt. In fact they rely on just such ignorance to whack in a default judgment when no defence is received. Then the OP would need to file an expensive application to set aside the judgment and will still need to defend.

Plus the timescales for filing a defence do not really permit such 'negotiations'

The OP must defend the claim and if the timing facts are correct, they will win using the absolute defence of Limitation Act 1980.

Like it or not, if you receive a court claim from a debt purchaser, you must defend it.

[nemesis45]

Re: Claim form defence wording and next steps.

to LB!! Now you've acknowledged service, you should send off cca (http://www.legalbeagles.info/forums/...y-of-Agreement) and cpr (http://www.legalbeagles.info/forums/...ic-information) requests to the creditor/solicitors to try and get copies of the credit agreement and anything
mentioned in the POC. Also ... keep an eye on the time limits (33 days from issue 'til your defence is due). I'll tag @nemesis45 - he'll be able to advise xx

:sorry: ... but NO!! If the OP does not respond to the court forms the creditor can/will go for a default judgement (and therefore a CCJ on their credit file). It's better to respond and send of the requests in the meantime. The creditor might well drop the case on it being proved SB'd but to ignore/not do the paperwork is (IMO) foolish.

First Point [MENTION=49370]Kati[/MENTION] is totally correct!! The court process must be followed, even when (as I often recommend) writing to the claimants solicitor
stating that alleged debt is statute barred and suggesting they withdraw the claim in the interest of saving costs and court time, it is unwise
in the extreme to ignore court forms, to advise such puts members at risk of summary judgement being awarded. [MENTION=332]EXC[/MENTION] gives the same warning.

Now following on from the advice given by [MENTION=49370]Kati[/MENTION] :

Get a CCA request sent to the claimant £1 statutory fee payable ( use a postal order endorsed " For statutory fee only" this is for a copy
of the agreement relevant to the alleged debt, the claimant has 12 + 2 Working days to comply. Use the template from the forum library
and send by signed for post.

Next a request made under Civil Procedure Rule 31.14 for the documents mentioned in the statement of claim ( Nothing Else!!) to
the claimants solicitors (no fee) 7 day time scale.

Now for clarification please.

1. Claimants name?

2. Solicitors name?

3. Original Creditor? ( Black Horse Finance by any chance?)

4. The default date if known?

5. Do you recall receiving a Demand for Payment of the Balance In Full or a Final Demand?

6. Is the account on your credit files? If you need to check there's Noddle Free Online.

nem

[coys67]

Re: Claim form defence wording and next steps.

Many thanks for all the replies,its a great help to know this guidance is available.

To answer the points above.

1. Hillesden securities limited

2. Mortimer Clarke solicitors ltd

3. Black Horse ltd (how did you know that?)

4. No mention of a default date just an agreement date 29/05/2007

5. I may have done but i not 100% sure.

6. i checked Noodle and signed up for a free trial at Experian and there is nothing on either relating to this from what i can tell.


So from what has been said are these my next steps.

I have downloaded the letters linked above by Kati,the CCA goes to Hillesden Securities with a £1 postal order and the CPR request goes to Mortimer Clarke solicitors,but what documents should i ask for?

The only thing mentioned on the claim form is "the agreement" and then it says "the agreement" was assigned to the claimant,is that what i should ask for?

Should i send anything to Black Horse ltd or are they out of the picture now?

Should i wait for the replies to these requests before i fill in the court defence form or leave that to the last minute and is it best to use the defence form or is it ok to file a defence using the online form?

Sorry for all the questions this is all new to me,but thanks for the help its much appreciated.

[Kati]

Re: Claim form defence wording and next steps.

So from what has been said are these my next steps.

I have downloaded the letters linked above by Kati,the CCA goes to Hillesden Securities with a £1 postal order and the CPR request goes to Mortimer Clarke solicitors,but what documents should i ask for?

The only thing mentioned on the claim form is "the agreement" and then it says "the agreement" was assigned to the claimant,is that what i should ask for?

see in red

Should i wait for the replies to these requests before i fill in the court defence form or leave that to the last minute and is it best to use the defence form or is it ok to file a defence using the online form?.

Your defence is due 33days from date of issue (on the claim form) you'll need to enter it online via MCOL by then ... we usually use THIS LINK to find out defence due date