Is debt statute barred, court claim issued!

[Amethyst]

Re: Is debt statute barred, court claim issued!

Hang on.

The claimant's claim the debt defaulted was 15.4.08

They claim you made a payment 4.3.15

There is 6 years in between those two dates ( check my maths !!!)

So if you didn't make other £5 payments before that 4.3.15 one then stat barred could still be in play ( once a debt is statute barred it does not become un-barred )

[Amethyst]

Re: Is debt statute barred, court claim issued!

Here

Limitations Act 1980 s.29(7)

[...] a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment.

[MIKE770]

Re: Is debt statute barred, court claim issued!

So the payment was made post 6 years Brill !! defiantly statute barred, as no admission or acknowledgement/payment within the 6 years!

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Sorry for not updating yesterday, got my hands full looking after my mum..........................

Anyway i emailed both the court and BW with the witness statements and the exhibits attached, i got an automated reply almost straight away from BW acknowledging my email and that it would be passed to the relevant person.

I have also sent hard copies to them both, be interesting when i get home this evening to see if i have received the BW witness statement as surely it should arrive by today at latest given the 14 days before the hearing has passed?

I am hoping and keeping fingers crossed that they discontinue as still no sign of the CCA.........can anyone advise should that happen do they still have more time, or is that it the judge will strike out?

[nemesis45]

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

No problem Nicki the answer is yes.

nem

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Good Morning,

As expected i received the WS from BW Legal when i got home yesterday, they still have not provided the CCA, not sure what to do next, i think i need to scan the relevant pages and attach into a thread here for you to see what my next step should be.

The debt is not statute barred as i first thought as they have listed payments from March 2012, i have checked with my bank this morning and they have confirmed payments were made, so i will have to admit defeat on that

My last hope seems to be the fact they have not provided the CCA, they have detailed information about the account, so why have they not produced the CCA?

- - - Updated - - -

They also state in their email:

We remain instructed to seek strike out of your Defence, and that Judgment be entered against you at the above hearing, for the full amount claimed plus costs.
However, our client remains amenable to resolving this matter without the above action being needed.

Please therefore contact our offices on 0113 357 0534 to discuss this matter amicably.

[nemesis45]

Re: Is debt statute barred, court claim issued!

Good Morning,

As expected i received the WS from BW Legal when i got home yesterday, they still have not provided the CCA, not sure what to do next, i think i need to scan the relevant pages and attach into a thread here for you to see what my next step should be.

The debt is not statute barred as i first thought as they have listed payments from March 2012, i have checked with my bank this morning and they have confirmed payments were made, so i will have to admit defeat on that

My last hope seems to be the fact they have not provided the CCA, they have detailed information about the account, so why have they not produced the CCA?

- - - Updated - - -

They also state in their email:

We remain instructed to seek strike out of your Defence, and that Judgment be entered against you at the above hearing, for the full amount claimed plus costs.
However, our client remains amenable to resolving this matter without the above action being needed.

Please therefore contact our offices on 0113 357 0534 to discuss this matter amicably.

Hello Nicki,

Can you please post a copy of the WS after removing and personal identifiers?
The request for " discussion" is imo a total con, intended to give them an opportunity to brow beat you into making payments.

While the agreement has not been provided they cannot enforce.

nem

nem

[Amethyst]

Re: Is debt statute barred, court claim issued!

I would respond and tell them that your defence remains valid as they have failed to comply with s.78 of the Consumer Credit Act 1974 and as such are unable to enforce the agreement, therefore any application to strike out your defence will be strongly contested.

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Hello Nicki,

Can you please post a copy of the WS after removing and personal identifiers?
The request for " discussion" is imo a total con, intended to give them an opportunity to brow beat you into making payments.

While the agreement has not been provided they cannot enforce.

nem

nem

Hi Nem& Amethyst,

I have scanned the relevant pages i have omitted the card statement, but i have no idea how i post it on here, sorry

[Kati]

Re: Is debt statute barred, court claim issued!

Hi Nem& Amethyst,

I have scanned the relevant pages i have omitted the card statement, but i have no idea how i post it on here, sorry

email it to me (kati@legalbeagles.info) with a link to this thread ... I'll post it up xx

[Nicki1906]

Re: Is debt statute barred, court claim issued!

email it to me (kati@legalbeagles.info) with a link to this thread ... I'll post it up xx

Thank you Kati, i have emailed that to you, subject line Witness Statement nicki1906.

[nemesis45]

Re: Is debt statute barred, court claim issued!

Hi Nem& Amethyst,

I have scanned the relevant pages i have omitted the card statement, but i have no idea how i post it on here, sorry

[MENTION=49370]Kati[/MENTION] can you help please? nemx

[Kati]

Re: Is debt statute barred, court claim issued!

Got it:

[Kati]

Re: Is debt statute barred, court claim issued!

and:

[Kati]

Re: Is debt statute barred, court claim issued!

last bit: