Is debt statute barred, court claim issued!

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Ok When is the WS due?

It is as you say the story of the events leading up to the claim.
All this messing with who the creditor was ( all the letters should be attached and indexed in the WS.

No don't chase Lowell you've done your bit here.

So write here in Chronological order, what has been sent by you what you have received in reply etc. Get everything in one place the it will be easier to write the WS.

nem

I have just just gone through all the correspondence from few months before they issued the claim up to current court date letter:

17.7.15 letter from Lowell debt £2097.70 with a 40% discount offer £1,258.62 letter has the wrong reference number (not sure if this relevant)

letter ignored, as I have copy of credit report which shows default date 7.12.07 and date updated 19.5.08.

16.11.15 similar letter with same offer to settle £1,258.62 again I ignored the letter. (reference still wrong)

11.12.15 letter again from Lowell to advise account has now been passed to BW (reference is now correct).

11.12.15 letter from BW saying they have been instructed by Lowell to commence legal action, if I do not respond by 28.12.15 they will issue a claim without further notice. debt 2,097.70 + interest 670.22 + court fees + solicitors costs £80 estimated total £2,952.92.

5.1.16 letter from BW to advise court claim has been issued debt 2097.70 + interest 168.36 + court fees £105 solicitor £80 outstanding balance to pay now £2,451.06

12.1.16 letter from BW giving notice they have issued legal proceedings.

claim form arrives from Northampton on the 12th January,

19.1.16 I submitted acknowledgment of service.

20.1.16 I submitted 2 letters to Lowell with a request for documents CPR31.14 and 1 as a formal request to supply CCA enclosing a £1 portal order, I clearly stated the account reference number on both letters.

1.2.16 letter from Lowell saying they are in receipt of request for information subject to civil procedure rules. (incorrect reference number on their letter) they then say they have passed this request to BW who are handling proceedings.

2.2.16 letter from BW stating they are responding to my request for the relevant documentation to confirm my liability towards the current balance due, an they have requested the same from their client, these documents will be provided upon receipt, I am told the client may need to refer the request to the original creditor HSBC. they point out the request for documents should not have an effect on filing my defence.

4.2.16 letter from Lowell, advising they are in receipt of the written request for a copy of the CCA, they then go on about an O2 mobile contract and that as the debt has been paid they are therefore retuning the £1 fee.

5.2.16 I submitted my defence.

5.2.16 letter from HM Court acknowledging my defence, and a copy has been submitted to the claimant.

18.2.16 letter from Lowell referring to letter of 4.2.16 enclosing a cheque for £1, the letter again refers to the O2 closed account!!

3.3.16 letter from BW stating their client intends continuing with the claim.

4.3.16 DQ sent to me by money claim.

8.3.16 BW letter enclosing copy of DQ

16.3.16 DQ filed by claimant

16.3.16 I sent DQ with copy to BW 1st class

24.3.16 money claim confirm DQ filed.

request for mediation, brief phone call and I was advised as I could not answer yes to all the questions my case was not suitable for mediation and my file would be passed to the court.

11.4.16 money claim confirm that the claim has been passed to the local court for them to deal with.

8.5.15 letter from court giving a hearing date 21.6.16 a fee of £170 is payable by the claimant, failure to pay will result in the hearing being removed. Each party must deliver to the other party and to the court office copies of all documents which that party intends to rely at the hearing, no later than 14 days before the hearing. witness statement.


i hope I have covered all the correct details, I still have not received any of the requested documents that they acknowledged 2.2.16 are they seriously going to pop up with this information in the next week, still cannot believe with the errors in their paperwork and the disregard for the reference number and wrong creditor that this has been passed by a judge for me to still attend!! I also still stand by the fact it is statute barred.

Looking forward to your next fantastic advice, I can't thank you guys enough for your support.

[nemesis45]

Re: Is debt statute barred, court claim issued!

I have just just gone through all the correspondence from few months before they issued the claim up to current court date letter:

17.7.15 letter from Lowell debt £2097.70 with a 40% discount offer £1,258.62 letter has the wrong reference number (not sure if this relevant)

letter ignored, as I have copy of credit report which shows default date 7.12.07 and date updated 19.5.08.

16.11.15 similar letter with same offer to settle £1,258.62 again I ignored the letter. (reference still wrong)

11.12.15 letter again from Lowell to advise account has now been passed to BW (reference is now correct).

11.12.15 letter from BW saying they have been instructed by Lowell to commence legal action, if I do not respond by 28.12.15 they will issue a claim without further notice. debt 2,097.70 + interest 670.22 + court fees + solicitors costs £80 estimated total £2,952.92.

5.1.16 letter from BW to advise court claim has been issued debt 2097.70 + interest 168.36 + court fees £105 solicitor £80 outstanding balance to pay now £2,451.06

12.1.16 letter from BW giving notice they have issued legal proceedings.

claim form arrives from Northampton on the 12th January,

19.1.16 I submitted acknowledgment of service.

20.1.16 I submitted 2 letters to Lowell with a request for documents CPR31.14 and 1 as a formal request to supply CCA enclosing a £1 portal order, I clearly stated the account reference number on both letters.

1.2.16 letter from Lowell saying they are in receipt of request for information subject to civil procedure rules. (incorrect reference number on their letter) they then say they have passed this request to BW who are handling proceedings.

2.2.16 letter from BW stating they are responding to my request for the relevant documentation to confirm my liability towards the current balance due, an they have requested the same from their client, these documents will be provided upon receipt, I am told the client may need to refer the request to the original creditor HSBC. they point out the request for documents should not have an effect on filing my defence.

4.2.16 letter from Lowell, advising they are in receipt of the written request for a copy of the CCA, they then go on about an O2 mobile contract and that as the debt has been paid they are therefore retuning the £1 fee.

5.2.16 I submitted my defence.

5.2.16 letter from HM Court acknowledging my defence, and a copy has been submitted to the claimant.

18.2.16 letter from Lowell referring to letter of 4.2.16 enclosing a cheque for £1, the letter again refers to the O2 closed account!!

3.3.16 letter from BW stating their client intends continuing with the claim.

4.3.16 DQ sent to me by money claim.

8.3.16 BW letter enclosing copy of DQ

16.3.16 DQ filed by claimant

16.3.16 I sent DQ with copy to BW 1st class

24.3.16 money claim confirm DQ filed.

request for mediation, brief phone call and I was advised as I could not answer yes to all the questions my case was not suitable for mediation and my file would be passed to the court.

11.4.16 money claim confirm that the claim has been passed to the local court for them to deal with.

8.5.15 letter from court giving a hearing date 21.6.16 a fee of £170 is payable by the claimant, failure to pay will result in the hearing being removed. Each party must deliver to the other party and to the court office copies of all documents which that party intends to rely at the hearing, no later than 14 days before the hearing. witness statement.


i hope I have covered all the correct details, I still have not received any of the requested documents that they acknowledged 2.2.16 are they seriously going to pop up with this information in the next week, still cannot believe with the errors in their paperwork and the disregard for the reference number and wrong creditor that this has been passed by a judge for me to still attend!! I also still stand by the fact it is statute barred.

Looking forward to your next fantastic advice, I can't thank you guys enough for your support.

Ok I'll put this together as a WS for you.

nem

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Thank you Nem, what do you think the chances are that this will go to court.....i wouldn't expect them to see this through if they cannot produce the paperwork i have requested, why are they still at this stage allowed to carry this on, i don't understand why the judge would still want it to be heard given my defence claim!?

[nemesis45]

Re: Is debt statute barred, court claim issued!

Thank you Nem, what do you think the chances are that this will go to court.....i wouldn't expect them to see this through if they cannot produce the paperwork i have requested, why are they still at this stage allowed to carry this on, i don't understand why the judge would still want it to be heard given my defence claim!?

The claim of statute barred status most be proved/ disproved the judge will need to hear the argument for and against.

nem

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Hi Nem,

Sorry to chase you, have you had chance to look at this, i need to get the WS sent by Monday at the latest :tinysmile_cry_t:

Thank you in advance

[nemesis45]

Re: Is debt statute barred, court claim issued!

Hi Nem,

Sorry to chase you, have you had chance to look at this, i need to get the WS sent by Monday at the latest :tinysmile_cry_t:

Thank you in advance

Sorry for the delay Nicki, health problem intervened trying to catch up will do the WS this evening Hosp. appt. this afternoon.

nem

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Oh i am sorry to hear this, i know you are also very busy helping others on this forum hence why i hadn't troubled you, thank you again i will look out for your reponse, please no rush!! wishing you well for your appointment x

[nemesis45]

Re: Is debt statute barred, court claim issued!

Oh i am sorry to hear this, i know you are also very busy helping others on this forum hence why i hadn't troubled you, thank you again i will look out for your reponse, please no rush!! wishing you well for your appointment x

Going to be working offline Nicki to sort this without disruption/interruption. Late back last evening.

nemx

[Nicki1906]

Re: Is debt statute barred, court claim issued!

thank you Nem, hope all went ok for you yesterday!

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Writing a WS should be straightforward, you just need to write the relevant points in your own words. There's a thread with plenty of examples here http://www.legalbeagles.info/forums/...ness-Statement

Why don't you put something together based on those examples and post it up here so we can all take a look before you submit it.

thank you for taking the time to post the info, I have already looked at these pages myself, I am not confident I would present this in a way which would be of a good enough standard, hence asking for help, thanks again.

[Kati]

Re: Is debt statute barred, court claim issued!

thank you for taking the time to post the info, I have already looked at these pages myself, I am not confident I would present this in a way which would be of a good enough standard, hence asking for help, thanks again.

[MENTION=55034]nemesis45[/MENTION] ... any ideas for the WS??

[MENTION=72642]Nicki1906[/MENTION] ... could you have a look at the link and post up a draft xx

[nemesis45]

Re: Is debt statute barred, court claim issued!

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

Between........................................... .....Claimant:

and

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

I Nicki ...................... A Litigant in Person in this claim Will say as follows.

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 ........... date 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 ...................... check dates Nicki??

9. On 18/02/16 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 date........................ 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 ( fill in here Nicki).

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 aver that the alleged debt is statute barred and was so barred on the date this claim was issued ( Nicki put default dates etc. here.)

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!

Hi Nicki please review and amend Post# 73 add dates / correct dates some seem to conflict one another.

nem

[nemesis45]

Re: Is debt statute barred, court claim issued!

@nemesis45 ... any ideas for the WS??

@Nicki1906 ... could you have a look at the link and post up a draft xx

Job done nemxx

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Job done nemxx

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