Recieved Court Claim for debt that is Statute Barred

[BigClan]

Hi all,

I have recieved a Court Claim this week from a DCA related to a Credit Card that I have not used or made any payments on in the last 6+ years. Issue date was the 5th Feb but I didnt recieve until 15th so I immediatly filled in the acknowledgment of service online.

I have no clue what I need to do now. I have not spoken to or paid anything to the DCA. They have put a new default on my credit file from 2011 which I know to be false.

What are my next steps? How do I move from here? Its all a bit confusing

Thanks
C

[Nibbler]

Re: Recieved Court Claim for debt that is Statute Barred

Welcome.

From the top of this board.

If you received a court claim and want to start a new thread in this forum please complete this form and read THIS POST about your first steps

I'm sure [MENTION=55034]nemesis45[/MENTION] or [MENTION=6]Amethyst[/MENTION] will be along to help more later

[nemesis45]

Re: Recieved Court Claim for debt that is Statute Barred

Hi all,

I have recieved a Court Claim this week from a DCA related to a Credit Card that I have not used or made any payments on in the last 6+ years. Issue date was the 5th Feb but I didnt recieve until 15th so I immediatly filled in the acknowledgment of service online.

I have no clue what I need to do now. I have not spoken to or paid anything to the DCA. They have put a new default on my credit file from 2011 which I know to be false.

What are my next steps? How do I move from here? Its all a bit confusing

Thanks
C

Thanks for the tag [MENTION=1508]Nibbler[/MENTION] nem


Good evening welcome to LB.


Some answers please'

1. Who is the claimant and which solicitors are they using?

2. Can you please post a copy of the claim form after removing your name /address/ claim number? Ifyou have difficulty in doing so I sure [MENTION=49370]Kati[/MENTION] from the LB team can help you.
Or just type in the " Statement of Claim" word for word.

3.A Debt purchaser cannot place a new default. They can only update the original creditors entry on the credit files.

Next: Things to do.
A. Send s request for a copy of the agreement for this account to the Claimant, there is a £1 statutory fee to pay. Important: Use a Postal Order endorsed " For Statutory Fee Only". get a receipt for the PO, Photocopy both sides of it and keep with your records. The claimant has 12 +2 Working Days to comply. Use signed for post and check the date signed for.

B. Send a request under the provisions of Civil Procedure Rule 31.14 ( CPR) (No Fee) this is for the documents mentioned in the Statement of Claim ONLY,
This has a nominal 7 day timescale for response. This goes to the Claimants solicitors. send by signed for post.

There are templates in the forum Library for both requests for you to use/amend to suit.

C. Can you please explain why you consider the default date is wrong?

nem

[BigClan]

Re: Recieved Court Claim for debt that is Statute Barred

Thanks for the quick reply

1. Cabot Financial/ Restons

2. Done

3 + 4. I have done some digging. The original default date on this was December 2009 so this should have cleared from my credit file in December 2015. When they have taken over the debt in October it looks like they have wiped out the old debt history and replaced it fresh with a new default date of Jan 2011 (see second attachement).
I will get those two points done on Monday when I have access to a printer to get things sent off.

C

[Nibbler]

Re: Recieved Court Claim for debt that is Statute Barred

The original default date on this was December 2009 so this should have cleared from my credit file in December 2015.

Do you have credit file copies showing an original default dated 2009, or are you just basing that on when you last paid and/or received "default notice" letters in 2009?

[BigClan]

Re: Recieved Court Claim for debt that is Statute Barred

Do you have credit file copies showing an original default dated 2009, or are you just basing that on when you last paid and/or received "default notice" letters in 2009?

Unfortunately I dont have a copy of my credit file from last year that showed this but the original default date was definitely 2009. I am 100% sure of this. Is there anyway I can get hold of an old credit report?

[Nibbler]

Re: Recieved Court Claim for debt that is Statute Barred

Unfortunately I dont have a copy of my credit file from last year that showed this but the original default date was definitely 2009. I am 100% sure of this. Is there anyway I can get hold of an old credit report?

Experian can allegedly provide a copy of previous report 'snapshots' generated each time you formally request one.

The credit file default date is not really relevant to whether this is statute barred or not, but the DCA falsely have recorded a newer one is (a) annoying an unfair and (b) undermines their credibility on any other claims they may try to make.

[BigClan]

Re: Recieved Court Claim for debt that is Statute Barred

Hi,
As Recommended I put in a request for a CPR 31.14 and I also on the advice of someone else put in a CPR 18 request. This is the response I recieved from Restons. What do I do now? I could also do with some help with what I put in my defence. I have still not had anything back from the DCA for a copy of the agreement.

[nemesis45]

Re: Recieved Court Claim for debt that is Statute Barred

A standard reply, used when a request is made for documents other than those mentioned in the statement of claim e.g. The Deed of Assignment.

Re do CPR 31.14 requesting Only The Documents Mentioned in the Statement Of Claim which are The Contract/ Agreement and Notice of Assignment.

nem

[BigClan]

Re: Recieved Court Claim for debt that is Statute Barred

Here is a copy of the letter I sent, I thought that was all I asked them for.

[BigClan]

Re: Recieved Court Claim for debt that is Statute Barred

[MENTION=55034]nemesis45[/MENTION] Did I do anything wrong on my original request or are they mistaken?

[nemesis45]

Re: Recieved Court Claim for debt that is Statute Barred

@nemesis45 Did I do anything wrong on my original request or are they mistaken?

My guess is some trainee has big ideas and little knowledge, so a reminder letter simply saying that the request is
still valid and you now expect to receive the documents mentioned in the statement of claim by return of post non
compliance will be brought to the attention of the court.

nem

[BigClan]

Re: Recieved Court Claim for debt that is Statute Barred

This is my first draft of a defence. How does it look?

N THE COUNTY COURT BUSINESS CENTRE
Claim number: ****** CABOT FINANCIAL (UK) LIMITED - Claimant

Vs

Mr ******** – Defendant

Defence
I. The Defendant denies monies are owed to the Claimant as alleged in the Particulars of Claim and does not recognise the assertion that any debt has been Legally Assigned to the Claimant and as such the Claimant is put to the strictest of proof, including but not limited to:

I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any subsequent changes in said Terms & Conditions (referred to as the ‘Regulated Agreement’ within the Particulars of Claim) and show how the Defendant has entered into an agreement.

II. Show how the Claimant has reached the amount claimed by proving a full Statement of the Account referred to, including details of all payments made and calculation of how interest was charged against each item listed, leading to the Alleged Debt of £1240.74.

III. Also, as this is an Alleged Debt, I believe Penalty Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999. Therefore, I would request details of each and every Penalty Charge applied to the Account along with details of their lawfulness (i.e. if the charge is stated as being for ‘Administration’ what Administration was undertaken to support the Penalty Charge being applied) along with details of any Interest imposed against each Penalty Charge applied.

IV. Show how and when the agreement was breached and provide notice by way of Notice of Sums in Arrears served by the Original Owners along with a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon the Defendant.

V. Show how the Claimant has the legal right, either under statute or equity to issue a claim by providing the following:


a) A copy of the Default Notice referred to in the Particulars of Claim and Certified Copies of how this was served upon the Defendant, again as referred to in the Particulars of Claim.

b) As claimant has stated the debt was ‘assigned to the claimant on September 28th 2015, a copy of the Legal Assignment, including, but not limited to a copy of the Deed of Assignment and / or Deed of Tripartite Novation.

c) A copy of how the Defendant was served with the aforementioned Legal Assignment.
d) A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and details of how this was Served upon the Defendant.

e) Details of the costs paid by the Claimant to the Original Owner for the Alleged Assignment of the Agreement on September 28th 2015 (as referenced in Section 1 of the Particulars of Claim).

VI. As per Civil Procedure rules 16.5(4), it is expected that the Claimant prove the allegation (as set out in the Particulars of Claim) that the money is owed.

VII. Also, should any amount be inclusive of interest, the Defendant denies interest is payable in accordance with Section 69 of County Courts Act 1984 and again the Claimant is put to the Strictest of Proof.

VIII. Also, in my defence, I am not a Solicitor and after having read the Particular of Claim I cannot see any legislation has been quoted in support of the Claimants claim against me, which leaves me unsure under which Statutory Instrument this Claim has been brought. Therefore, again to be able to properly defend this claim I would request full details of the actual legislation the Claimant believes gives them a right to make this claim, as surely no claim can succeed without this being quoted in the Particulars of Claim?
Statement of Truth

I believe the facts stated in this defence are true.

How does that look? Should I mention the refusal of providing the details of the CP18 and CP 31.4 or does that come later? Should I mention I feel the debt is statute barred or does that come when they produce the documents (or lack of them)?

[BigClan]

Re: Recieved Court Claim for debt that is Statute Barred

Is the above ok? I need to submit things tomorrow.

[Amethyst]

Re: Recieved Court Claim for debt that is Statute Barred

Ok few amendments needed BigClan, give me a bit just got to scout back through your thread. Is your defence due in tomorrow?

Where's the tripartate novation come into things, have you previously requested that in letters etc ?

Yes you should mention statute barred if you believe it to be so.


Should also mention the weird invented default date on your credit file.