defense for county court claim

[deesea]

Hi I recieved a letter from County Court Business Centre with money claim link and password.
The debt is for a EGG credit card that I had 15 years ago and defaulted on payments 10 years ago.
No payments have been made to anyone for this dept in well over 6 years and is not on any of my credit reports.
I complete the Acknowledgement of Service and am now writing my defense how is it and does it look how they would like it ????

1: I received the claim xxxxxxx from the Northampton County Court
on Dec 15 2015

2: Each and every allegation in the Claimants statement of case is
denied unless specifically admitted in this Defence.

3: This claim is for a Credit Card agreement regulated under the
Consumer Credit Act 1974.

4: The Credit Card agreement regulated under the
Consumer Credit Act 1974 is not on the credit report for the
defendant as a creditor or account.

5: The Claimants statement of case states that the account was
assigned from Egg to Arrow Global ltd on Feb 28 2013. The
Defendant does not recall receiving notice of this assignment.

6: The Claimant states the agreement they are acting on dated from
Feb 1 2005 and was assigned to the claimant on Feb 28 2013. As no
payments or contact between the defendant and the Claimant or Egg
has taken place within the passed 6 years would render this claim
as Statute barred under s5 Limitation Act 1980.

7: As Statute Barred The Financial Conduct Authority state in CONC
7.15 that a firm must not attempt to recover a statute barred debt
where they haven’t been in contact with the customer during the
relevant period.In this case to be 6 years.

8: It is denied that the Claimant is entitled to the relief as
claimed or at all.

Statement of Truth
The Defendant believes that the facts stated in this Defence are
true.

[NotPaying]

Re: defense for county court claim

For 4, I don't think that referring to the credit report is usable.
Hopefully my comment will bump this thread so someone more experienced will see it.

[nemesis45]

Re: defense for county court claim

Hi I recieved a letter from County Court Business Centre with money claim link and password.
The debt is for a EGG credit card that I had 15 years ago and defaulted on payments 10 years ago.
No payments have been made to anyone for this dept in well over 6 years and is not on any of my credit reports.
I complete the Acknowledgement of Service and am now writing my defense how is it and does it look how they would like it ????

1: I received the claim xxxxxxx from the Northampton County Court
on Dec 15 2015

2: Each and every allegation in the Claimants statement of case is
denied unless specifically admitted in this Defence.

3: This claim is for a Credit Card agreement regulated under the
Consumer Credit Act 1974.

4: The Credit Card agreement regulated under the
Consumer Credit Act 1974 is not on the credit report for the This is not absolute proof that a debt is statute barred, because ALL defaulted accounts are
removed from credit files after 6 years Paid or Not. Payments could have been made after the default date.
defendant as a creditor or account.

5: The Claimants statement of case states that the account was
assigned from Egg to Arrow Global ltd on Feb 28 2013. The
Defendant does not recall receiving notice of this assignment.

6: The Claimant states the agreement they are acting on dated from
Feb 1 2005 and was assigned to the claimant on Feb 28 2013. As no
payments or contact between the defendant and the Claimant or Egg
has taken place within the passed 6 years would render this claim
as Statute barred under s5 Limitation Act 1980.

7: As Statute Barred The Financial Conduct Authority state in CONC
7.15 that a firm must not attempt to recover a statute barred debt
where they haven’t been in contact with the customer during the
relevant period.In this case to be 6 years.

8: It is denied that the Claimant is entitled to the relief as
claimed or at all.

Statement of Truth
The Defendant believes that the facts stated in this Defence are
true.

4 is not relevant.

nem

[deesea]

Re: defense for county court claim

Case update

After filing my defense on the grounds that the dept for the loan was over 6 years old their solicitor has now sent me a copy of an EGG statement stating my last payment was on 30th November 2010 so would make this dept 5 years and 2 months.

What would be my next step ? as they are asking me to withdraw me defense in 14 days or they will apply to have my defense struck.

PS. I have my bank statements on there way to me from November and December 2010
so will hope that it does not appear on them.

But what should be my next move ?? Please Help

[deesea]

Re: defense for county court claim

Please Help see above

[Kati]

Re: defense for county court claim

:bump: for [MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION] ??

[deesea]

Re: defense for county court claim

Case update

After filing my defense on the grounds that the dept for the loan was over 6 years old their solicitor has now sent me a copy of an EGG statement stating my last payment was on 30th November 2010 so would make this dept 5 years and 2 months.

What would be my next step ? as they are asking me to withdraw me defense in 14 days or they will apply to have my defense struck.

PS. I have my bank statements on there way to me from November and December 2010
so will hope that it does not appear on them.

But what should be my next move ?? Please Help

Can I change my defense ?
Do I need to do CCA request and/or CPR request and is it to the agent or their solicitor ?

[deesea]

Re: defense for county court claim

Please read above and help me out am getting worried about time scale and losing by default

[charitynjw]

Re: defense for county court claim

Hi deesea

Arrow's solicitor has told you that the alleged debt is not SB; last payment made 30/10/2010.
Yet you were certain that no payments had been made by you "in well over 6 years".
You've ordered bank statements for the relevant periods, (which is good).
(It has been known for 'phantom' payments to magically appear on the account, just to keep it 'live' :tinysmile_twink_t2:.
If you think that may be the case, they can be put to strict proof that the payment came from you)

Your submitted defense relies heavily on SB, with no NOA thrown in.

So yes, CCA letter to Claimant (with £1 payment)

CPR letter to solicitor, & I would add a reference to the CCA letter to the Claimants, reminding the sols that their client cannot further the action until they produce the asked-for documents, or tell you in writing why they cannot do so.

Proof of posting on both (SignedFor - they can then be tracked}

Altering your defense is a little trickier; this can only be done -
With the consent of the other party (unlikely) or
With the permission of the court.
(CPR 17.1)

Some guidance on this here
If you are on low income, you may be eligible for fee remission - you'll need court form EX160 (obtainable from your local court, or see attachment)

A template defense can be found at the top of the thread (green box) - make amendments to your original defense using that info - don't forget to head it 'AMENDED PARTICULARS OF DEFENSE'.

[deesea]

Re: defense for county court claim

Hi thank you for your assistance
Have now posted CCA and CPR requests

Got home from work today and my bank statements from 2010 OCT -DEC have arrived and guess what I made no payments to anyone for the £40 and £30 that is on the account statements they sent to me.

What is my next step do I write to the solicitors or Arrow global and pass copies of statements to them ?? If so what should I say ?

[nemesis45]

Re: defense for county court claim

Hi thank you for your assistance
Have now posted CCA and CPR requests

Got home from work today and my bank statements from 2010 OCT -DEC have arrived and guess what I made no payments to anyone for the £40 and £30 that is on the account statements they sent to me.

What is my next step do I write to the solicitors or Arrow global and pass copies of statements to them ?? If so what should I say ?

Hello Deesea.

I would most certainly be challenging these two payments while still carrying on with the court process.
Are the statement(s) in the attachments you have posted? The attachments are not opening for me.
Do the statements look as if someone has just typed them up on a letterhead or blank sheet?
I would suggest writing to the solicitors along the lines of:

Ref: CC Claim No,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,

Sir / Madam,

I refer to your communication dated......................... in which you contend that the alleged debt
which is the subject of this claim is not statute barred in view of two payments of £,,,,, and £,,,,,,,,
allegedly made on date ......................... and Date.

I have now in my possession bank statements for the full period covered by the alleged payments
and I can confirm that no payment were made by me or authorised by me for the stated amount
and the specific dates quoted, the statement (s) provided are therefore refuted.

I know reiterate my statement that this alleged debt was statute barred on the date this claim was
issued.

I suggest that you now revert to your client and suggest that the claim is discontinued in order to
save costs and court time.

Should your client decide to continue the claim it will be robustly defended.

Yours etc.

use signed for post.

nem

[deesea]

Re: defense for county court claim

Hi Nemesis

The statements are not posted on here but do look like original Egg statements apart from there is no Egg logo on the top corner that If I recall was always on the other papers I used to get from them back in 2008

Thanks for the letter draft

[nemesis45]

Re: defense for county court claim

Hi Nemesis

The statements are not posted on here but do look like original Egg statements apart from there is no Egg logo on the top corner that If I recall was always on the other papers I used to get from them back in 2008



Thanks for the letter draft

Good morning.

If you can post a copy of the statement here it would help planning the next steps.

If you have a problem with this [MENTION=49370]Kati[/MENTION] I am sure will help you.

nem

[deesea]

Re: defense for county court claim

As requested Attached statement

[charitynjw]

Re: defense for county court claim

& you're sure those payments were not made by you?

£240 total?