Is debt statute barred, court claim issued!

[Nicki1906]

Re: Is debt statute barred, court claim issued!

If it'e from the CCA/CPR link Amethyst gave, then sure it's OK.

I didn't have access to a printer until Friday afternoon, but have now done both letters, they were sent recorded post on Saturday morning, am i correct in thinking i have to wait the 12 days now to see if they comply/reply?

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Hi, i haven't heard back from Lowell, i posted the 2 letters on the 23rd by recorded post, can you advise what my next course of action should be, i seem to think i need to reply by the 3rd February or they can still register the CCJ against me even if they haven't responded, is that correct?

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Lovely stuff. that's perfect. the other bits in the response pack are for defending etc - and you don't need to do that just yet.

So now if you send the letters off we will need to either sort out an extension or file the defence before the 3rd of February. Keep copies of the letters and if you can send signed delivery even better.

Just don't send the letters and then wait for a reply - you might not get one..... so probably 28th Jan you will want to start putting defence together or chasing for an extension. If they don't reply and you do nothing before 3rd Feb then they will be able to enter a default judgment against you, so keep an eye on the dates.

When/if you get a reply then post up on this thread.

Hi, i haven't heard back from Lowell, i posted the 2 letters on the 23rd by recorded post, can you advise what my next course of action should be, i seem to think i need to reply by the 3rd February or they can still register the CCJ against me even if they haven't responded, is that correct?

[charitynjw]

Re: Is debt statute barred, court claim issued!

[MENTION=6]Amethyst[/MENTION]

[Amethyst]

Re: Is debt statute barred, court claim issued!

Hi, i haven't heard back from Lowell, i posted the 2 letters on the 23rd by recorded post, can you advise what my next course of action should be, i seem to think i need to reply by the 3rd February or they can still register the CCJ against me even if they haven't responded, is that correct?

Yes indeed, you need to file your defence regardless of if they have replied - if they haven't then this example is a very good starting point http://www.legalbeagles.info/forums/...t-Court-Claims you will want to add statute barred to it as well.

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Yes indeed, you need to file your defence regardless of if they have replied - if they haven't then this example is a very good starting point http://www.legalbeagles.info/forums/...t-Court-Claims you will want to add statute barred to it as well.

[MENTION=6]Amethyst[/MENTION]
The defence page says please state your defence in a maximum of 122 lines........
I have read the link you sent and I am still unsure how I should do the defence, do I pick out the bullet points on the example and use the relevant sections that apply to my case, I don't want to put the wrong thing and it all fall into their hands.

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Yes indeed, you need to file your defence regardless of if they have replied - if they haven't then this example is a very good starting point http://www.legalbeagles.info/forums/...t-Court-Claims you will want to add statute barred to it as well.

[MENTION=6]Amethyst[/MENTION]

Help needed...........I have done the defence, I couldn't log onto the Money Claim site yesterday so I need to file the defence tonight and hope I am still within the time, I thought I actually had 28 days but having read various pages I think it is 14 days I hope not as the 14 days was yesterday!!

I have in the post had 2 letters, first from Lowell dated 1st February saying the following:

Lowell: We are in receipt of your request for information subject to the Civil Procedure Rules. Please note that as BW Legal is the County Court proceedings on our behalf, we have passed your request to them and they will be in contact in due course. Any further communication should be made directly with them.

Letter from BW Legal dated 2nd February

BW Legal: We write in reference to the above matter and your correspondence dated 22nd January 2016. We note your request for the relevant documentation to confirm your liability towards the current balance due, and have requested the same from our client. These documents will be provided to you upon receipt from our client.
Please note our client may need to refer your request for documents to the Original Creditor, HSBC Bank Plc. Our clients claim is particularised within the County Court claim form issued via Northampton County Court Bulk Centre and is unambiguous.
The Claim form specifies the time length available to respond accordingly and your request for documents should not have an effect on your filing your defence.


MY DEFENCE, personal details and claim information I have omitted on this copy.
1. I received the claim C------ from County Court Business
Centre Northampton on the 13.1.16.

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

3. This claim appears to be for a Credit Card agreement regulated
under the Consumer Credit Act 1974.

4. The Claimants statement of case fails to give adequate
information to enable me to properly assess my position with
regards the claim.

5. The particulars of the claim fail to state when the agreement
was entered into.

6. The Claimants statement of case states that the account was
assigned from HSBC Bank Plc to Lowell Portfolio 1 Ltd on 16.12.11.
The Defendant does not recall receiving notice of this assignment.

7. It is denied that HSBC Bank Plc served any Default notice on
the Defendant pursuant to s87 Consumer Credit Act 1974. The
Claimant is required to prove that a compliant Default Notice was
served upon the Defendant.

8. On the 23.1.16 I sent a request for inspection of documents
mentioned in the claimants statement of case under Civil Procedure
Rule 31.14 to Lowell Portfolio 1 Ltd. I requested the Claimant
provide copies of the Agreement, Default Notice and Notice of
Assignment.

9. Lowell Portfolio 1 Ltd has not sent any of these documents to
me.

10. On the 23.1.16 I sent a formal request for a copy of the
original agreement to Lowell Portfolio 1 Ltd pursuant to section
77 or 78 of the Consumer Credit Act 1974 along with the statutory
£1 fee.

11. The Claimant has failed to comply with s77(1)/s78(1) Consumer
Credit Act 1974 and by virtue of s77 (4)/ s78 (6) Consumer Credit
Act 1974 cannot enforce the agreement.

12. I have asked the Claimant if we may agree to extend the time
period allowed for filing of my defence pending receipt of
documents (as allowed under CPR 15.5) but they have not responded to my request.

13. Under Civil Procedure Rule 16.5 (4) where the claim includes
a money claim, a defendant shall be taken to require that any
allegations relating to the amount of money claimed be proved
unless he expressly admits the allegation. Therefore it is
expected that the Claimant be required to prove the allegation
that the money is owed as claimed.

14. I request the court orders the Claimants to provide the
necessary documentation in order for me to fully plead my case
else the Claim should stand struck out.

15. In the event that the relevant documents are received from
the Claimants I will then be in a position to amend my defence,
and would ask that the Claimants bear the cost of the amendment.

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

17. The Defendant would also like to point out the allegation is
in fact statute barred as the default date shows 7.12.07.


I am unsure of section 10 which is should choose is it (77 or 78) so this will need amending before I file the defence, also I have completed the defence correctly, I am really unsure?

Many thanks in advance.

[Amethyst]

Re: Is debt statute barred, court claim issued!

It looks absolutely fine to me. And those letters are standard so nothing to worry about there at all.

For a credit card you want s.78 ( running credit account - ie. credit card ) but it is no great shakes if you mention 77 and 78 xx

If MCOL isn't working then you will need to give the court a call in the morning and check details for emailing it to them. You had 28 days from when you received the claim - 33 days from the date printed as the issue date on the front of the form. It should be okay but if you are ringing the court about filing it by email anyway you can check with them that the claimant hasn't snuck in with a default judgment.

If you can't get through to court or would rather not then could complete the form that came with the claim form ( the response pack has a section for your defence) but I'd send an email copy as well to ccbcdefendants@hmcts.gsi.gov.uk and put DEFENCE and the Claim number in the subject.

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Hi @Ameythst

I have had 2 replies over the weekend.

1. The court have ackowledged my defence and have said the claimant may contact me to resolve the dispute!!!

2. Lowell have replied to my copy for the credit agreement, but they have responded saying they are returning my £1 fee as the debt i have requested information for is a £0.00 balance debt for 02.........yes seriously they have replied and have dug up an old debt from 02 that was cleared over 3 years ago, and it is nothing to do with the debt i am disputing.

So please can someone advise me of my next action, i am still waiting for the £1 to be returned, do i phone Lowell and ask them what they are playing at, i don't particularly want to go down that route, but i fear they will use the excuse they have responded, even though they have not provided any of the information i requested!!?

Finally how do i attach documents to my posts, i have scanned the letters from Lowell and the Court and have them saved to a usb stick!?

Thank you in advance for your response!

[Nicki1906]

DQ sent by HM Court

Hi,

Just after a bit of advice, i currently have a claim ongoing with Lowell over a statute barred debt, Lowell have not provided me with documents i requested and today i have logged into the MoneyClaim page and there is a comment in the claim history today:

DQ sent to you on 04/03/2016

What happens next, does anyone know, i have googled DQ and it says about a questionnaire which i am to complete and return, which i assume the court have issued as it says both parties have to complete, but if the Claimant hasn't made any further claim within the time allowed surely the claim should be struck out now as they have not responded.

[Nibbler]

Re: DQ sent by HM Court

Directions Questionnaire I presume.
[MENTION=6]Amethyst[/MENTION] for more hopefully

[Amethyst]

Re: DQ sent by HM Court

Hiya xx

DQ is the Directions Questionnaire - you can see this http://hmctsformfinder.justice.gov.u...s/n180-eng.pdf It means that the claimant has replied to the court to say they wish to proceed with the claim.

Have the claimants sent you no documents at all yet ? or argued against your stat barred asssertion ?

Sharon
xx

[Nicki1906]

Re: DQ sent by HM Court

Hi Sharon,

Thank you for taking the time to respond again, i've not had access to a computer for the last 10 days as my mum has been in hospital and has been desperately ill, so i now need to try and continue with the forms the court have sent.

Just to recap i sent the postal order with the CCA request, i received a reply on the 1st Feb from Lowell saying BW Legal were dealing with the court proceedings on their behalf and they have passed the request to them and they will be in touch.

2nd Feb i received a letter from BW Legal noting my request for the relevant documentation to confirm my liability towards the current balance due.......and they say they have requested the same from their client, these documents will be provided to you upon receipt from our client, it then says please note our client may need to refer your request for documents to the original creditor HSBC Bank, it also mention the claim specifies the time length available to respond accordingly and the request for documents should not have an effect on you filing your defence.

4th Feb - letter from Lowell saying they are in receipt of the request for the copy of the executed credit agreement, it then waffles on about mobile contracts etc and that they are not obliged to provide me with a copy of any such agreement, the reference on the letter relates to a completely different debt (an old o2 end of contract debt from years ago), the close the letter saying they will therefore return the £1.00 fee under separate cover.

I then wrote to Lowell asking how could they respond to the letter when it clearly stated the account number and reference it related to and the postal order was attached to said letter, the reference numbers are not even alike.

No response from Lowell or BW Legal

18th February i received a cheque from Lowell for £1.00, not the original postal order!!?

In between i spoke to the court to ask how do i submit the extra information and i was told i would have to wait for BW Legal to see if they responded further, then on the final day of the extension they have now said they wish to go ahead and still take me to court.

I still have not received any further documents, the form from the court the questionnaire says it needs to be completed and returned by the 21st March. It ask do i agree toe the case being referred to the small claims mediation service, on the copy i have received from the court it shows they wish to use the mediation service................

Please can anyone help i have no idea how i am supposed to respond, especially given they have completely ignored my request, i am furious as it looks like what ever i do i am not going to win this!!!!

[beachgirl]

Re: DQ sent by HM Court

Dear Amethyst.
I am in a similar situation as Nikki and would really appreciate your help. I also have received a DQ and have not received any requested documentation from Howard Cohens and Hoist portfolio 2 Ltd I am sure the debt is statute barred (8 years at least) but defended the court claim on the basis of not receiving any documentation. I would really appreciate any advice.

Many Thanks Beachgirl

[Amethyst]

Re: DQ sent by HM Court

Yes you will, they don't even know what debt they are chasing. It's a HSBC credit card isn't it ?

Just get the DQ filled in, there's nothing tough on there to answer, tick yes to mediation - when the mediation appt comes around ( it's just a phone call ) tell them when you first speak to them that no documents have been provided at all - and it will be cancelled.

You can ut any further arguments in witness statements later on if you get that far before they discontinue. We should probably respond to them returning the £1 and their asertion about the debt being a phone contract but would need to see the letters ( can you photo / scan them in and remove your details ?) - but to be honest it sounds like you have other things to concentrate on and it really isn't going to make much difference to the claim if you just send in the DQ and wait for the next stage ( could be a month or two )