Is debt statute barred, court claim issued!

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Job done nemxx

I understand I still need to add my personal details where required. Please if you think I have missed anything or need to add more info please let me know, I have read and re-read it and it looks ok.



Claim No.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,

Between Lowell Porfolio Claimant:

and

Nicki............................................. ............Defendant
of
Your address.

I Nicki ...................... ( A Litigant in Person in this claim Will say as follows. ) Am I to remove this line?

1. I first became aware of this matter on 17/07/2015 when I received a letter from Lowell offering a settlement of 40% of the alleged debt.

2. On 11/12/2015 I received a letter from BW Legal on behalf of Lowell informing me that they had been instructed to take legal action in regard to the alleged debt.

3. On 05/01/2016 I received a letter from BW Legal advising me that a claim had been issued for the total sum of £2451.06

4. On 12/01/2016 I received the Claim No:.......................... from Northampton County Court Business Centre. Service was acknowledged on 20/01/2016.

5. On 20/01/16 I sent a request under the provisions of sections 77/78 of CCA 1974 together with the statutory fee of £1.00 and a request to BW Legal under the provisions of CPR31 .14 for inspection of the documents mention in the particulars of their clients claim.

6. On 02/02/2016 BW Legal responded that their client may have to request the required documents from HSBC and that they would respond in due course. Exhibit BWL 1

7. On 04/02/2016 Lowell responded saying that they had received my CCA request and were returning the £1.00 fee as they claimed the alleged debt arose from an account with mobile phone service O2 rather than the actual account with HSBC. Exhibit Lowell 1

8. On 05/02/2016 I submitted my defence this was acknowledged by the court on date 05/02/2016

9. On 18/02/2016 A further letter from Lowell actually returning the £1.00 fee in the for of a cheque again referring to an alleged account with 02 Exhibit Lowell 2.

10. BW Legal then informed me on 03/03/2016 that their client was continuing the claim Exhibit BWL 2.

11. All further court documents and questionnaires were submitted to the court and the claimants solicitors.

12. Mediation could not take place for the following reasons, the documents requested on 20/01/2016 to BW Legal and Lowell have still not been provided, therefore I was advised without this information mediation was not suitable.

13. I confirm that to date neither BW Legal or Lowell has provided any of the documents requested via CCA 1974 or CPR 31.14.

14. I am aware that the alleged debt is statute barred and was so barred on the date this claim was issued, a copy of my personal credit report shows the default date 07/12/2007 and updated 19/05/2008.

The claimant and their solicitors are it seems unable to decide to what this claim refers an HSBC account or an O2 telecommunications account and I respectfully ask the court to strike out this claim.

I Nicki ............................ believe that the fact stated above are true .

Signed Dated.

[nemesis45]

Re: Is debt statute barred, court claim issued!

I can't thank you enough Nem, for your help.....I started a draft but it didn't read anything like this, so thank you.

I will fill in the dates and repost shortly.

As I am at the 14 day cut off for submitting the WS I will email it across tomorrow to both the court and to BW. (the court did say it as OK to email them)

Should I also post a hard copy to them both?

Thank you again

Hello Nicki,

Yes e-mail is fine, but for safety send a copy to BW by signed for post just to prevent them claiming they didn't receive the e-mail.

nem

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Hello Nicki,

Yes e-mail is fine, but for safety send a copy to BW by signed for post just to prevent them claiming they didn't receive the e-mail.

nem

Good Morning Nem,

Thank you, i forgot to ask last night, this is probably a silly question but the 'Exhibits' should these letters be scanned and attached with the witness statement, or are these only for my reference when i go to the hearing, don't want to go giving them info that will help them!?

Should i also send a hard copy to the court too?

Thank you again x

[nemesis45]

Re: Is debt statute barred, court claim issued!

Good Morning Nem,

Thank you, i forgot to ask last night, this is probably a silly question but the 'Exhibits' should these letters be scanned and attached with the witness statement, or are these only for my reference when i go to the hearing, don't want to go giving them info that will help them!?

Should i also send a hard copy to the court too?

Thank you again x

Hello Niki

Sorry my fault I should have made it clear.

The court (Judge) will want to proof of what is in your WS so number each letter as shown copies for the solicitors and the judge and of course copies for you each " batch " bound /stable in order,

I recommend sending the docs attached with the e-mail and by 1st Class signed for post I just don't trust Lowell / solicitors on little bit.

Also you must have all the original letters with you at the hearing.

nem

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Sorry again Nem, i bet your fed up of me now.............:tinysmile_hmm_t2:

Just read everything again, do i not need to show a copy 'exhibit' of my request for the CCA etc to Lowell/BW in my statement?

Thank you in advance

[Amethyst]

Re: Is debt statute barred, court claim issued!

I would do, and the CPR request, if you have a copy , to exhibit to this bit...

5. On 20/01/16 I sent a request under the provisions of sections 77/78 of CCA 1974 together with the statutory fee of £1.00 and a request to BW Legal under the provisions of CPR31 .14 for inspection of the documents mention in the particulars of their clients claim.

[Amethyst]

Re: Is debt statute barred, court claim issued!

I Nicki ...................... ( A Litigant in Person in this claim Will say as follows. ) Am I to remove this line?


No, put

I, Nicki full name, of xxx full address xxxxxxxxxx, am a litigant in person in this claim. I make this statement in support of my defence and will say as follows;

[Amethyst]

Re: Is debt statute barred, court claim issued!

Also ( sorry ) I'd be inclined to leave out 1 and 2

1. I first became aware of this matter on 17/07/2015 when I received a letter from Lowell offering a settlement of 40% of the alleged debt.

2. On 11/12/2015 I received a letter from BW Legal on behalf of Lowell informing me that they had been instructed to take legal action in regard to the alleged debt.

3. On 05/01/2016 I received a letter from BW Legal advising me that a claim had been issued for the total sum of £2451.06

and start with

4. On 12/01/2016 I received the Claim No:.......................... from Northampton County Court Business Centre. Service was acknowledged on 20/01/2016.


unless you did respond to any of the earlier letters - eg phoned them to ask what it was about etc ? ( *** actually see below ***)

I'd also expand a little further, eg why did you send a CPR and CCA request ? did you know exactly what the claim was for straight away ?

I would have a reword of a couple bits, just to develop things a bit.

****** looking back you could add lots more in

Hi, i need some advice please, debt of approx £600 with hsbc credit card, I lost my job and hsbc did not want to help, the debt was showing on my credit file as defaulted 7/12/07..........roll forward a few years to 2013 and letters start arriving from a company called Hamptons chasing the debt which has now spiralled to £2112.

I called Hamptons and said needed to provide proof I owed the debt, they came back and said they were waiting to hear back from the original creditor (hsbc)......then all quiet and nothing.

letters started arriving early last year from Lowell chasing the same debt, had several offers to settle the debt for £1200, after taking advice I ignored all letters, as was told the debt was likely to be statue barred...I moved out of the address the letters were being sent to July and have been staying with a family member who is in poor health, I called to the house on a regular basis to check for post without any issues, only to find out that a claim form from bw legal had been issued on behalf of Lowell on 1st January, they are claiming the following:

the debt was defaulted 15.4.08
the debt was assigned to Lowell 16.12.11
the debt they are now claiming is now £2451 and includes interest

Lowell also claim a payment was made on 4.3.15 for £5 which I do not recall making, as far as I was aware Hamptons closed the matter in 2013 when they did not respond.

Does anyone know where I stand with this, I do not have an issue paying the £600 as that is what was owed when the problem started, I have no idea about the statute barred rule, I believe once the 6 years have lapsed that is it, so can if it is proved a payment was made last year restart the 6 year rule, I intend defending the claim but need to make sure I have my facts straight, obviously the default left my credit file long ago, don't now want a ccj.

Any help or advice is welcome I have already filed the acknowledgement of service, so not sure do i need to start requesting the CCA or do i just defend on statute barred?!!

Did you ever tell Hampton or Lowell or BW that you considered the debt stat barred BEFORE the court claim ?

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Thank you Sharon, i will amend now, I am just double double checking everything before i print/email it all xx

[Amethyst]

Re: Is debt statute barred, court claim issued!

Good, Just have a read of my other post we crossed I think xx

[Amethyst]

Re: Is debt statute barred, court claim issued!

Lowell also claim a payment was made on 4.3.15 for £5 which I do not recall making

How did Lowell make that claim ? in a letter ? phonecall ? etc ?

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Hi Sharon,

Ok, i can take out the 1 & 2 and add a little bit to the wording.

I spoke to Hamptons a couple of times and i said i would not be acknowledging the debt or making any payments unless they could provide the CCA as i believed the debt to be SB, they said the would be in touch, the last i heard from them was July 2014 then never heard back.

When i was aware of the letter threatening the court action i called BW and spoke to them 2-3 times, i said again i believed the debt was SB and they kept repeating themselves saying they were only assigned the debt in 2011, therefore was still within the 6 years, i said about the CCA and they said unless i was prepared to set up a payment plan to pay the whole amount (apparently it was too late to accept their offer of the discount) they would be going ahead with the CCJ claim, i pointed out that i believed the debt to be less than a 1/4 of what they were trying to claim for, but i was prepared to pay them £600 for them to stop all proceedings this they refused, i was annoyed with myself for even offering it when i knew they hadn't made any effort to discuss the CCA or request it.

I am keeping fingers crossed ref the CCA as they have clearly made no attempt to get this to me, i am now concerned that they will suddenly magic this up? I rang the court yesterday who advised they have paid the court fee, why would they do this if they know they haven't provided the CCA? I am so annoyed i have to take a day off work to attend court

[Nicki1906]

Re: Is debt statute barred, court claim issued!

How did Lowell make that claim ? in a letter ? phonecall ? etc ?

They told me on the phone about the payment, I have spoken to my bank and a payment for £5 was made on the 4.3.15, having read on the forums about the restart of the SB clock, i hope this payment has not opened a can of worms..........i can only assume i was bullied into the payment, had a lot going on over the last 2 years with my mum who was/still is very poorly, probably took their threat of a CCJ too easily and caved in!!!

[MIKE770]

Re: Is debt statute barred, court claim issued!

They told me on the phone about the payment, I have spoken to my bank and a payment for £5 was made on the 4.3.15, having read on the forums about the restart of the SB clock, i hope this payment has not opened a can of worms..........i can only assume i was bullied into the payment, had a lot going on over the last 2 years with my mum who was/still is very poorly, probably took their threat of a CCJ too easily and caved in!!!

Payment has been made then as confirmed by Bank (i.e. to them?) then SB would start again from that date!

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Payment has been made then as confirmed by Bank (i.e. to them?) then SB would start again from that date!

So thats the SB out of the window then, even though it was 6 years after!!!! if that is the case can only now hope they cannot produce the CCA!!??