Recieved Court Claim for debt that is Statute Barred

[BigClan]

Re: Recieved Court Claim for debt that is Statute Barred

I will admit I copied this from someone else (I don't understand half of this). Yes the defence needs to by tomorrow at the latest (date of issue was 5th Feb, requested extension, tomorrow final day thanks to the leap year.) No CP 18 or 31.4 from the solicitors and no copy of the agreement from DCA.

[Amethyst]

Re: Recieved Court Claim for debt that is Statute Barred

lol, that's okay, just don't send it .... also if you found it on here give me a link so I can make it pale pink and write DO NOT USE on it.... I know these defences get pasted on here sometimes when people need help after having used the 3 letter process over at GOODF .... hate the bloody things..... we'll do a proper one in the morning if that's okay I'm just helping flicky with a bit of her WS. You'll be okay getting this in tomorrow afternoon (before 4 usually) - you will probably have to send it via email if MCOL has a barr on it due to the extension, but that's fine. This is a basic no documents provided type defence, http://legalbeagles.info/forums/show...t-Court-Claims , you'll need some bits adding ref stat barring etc. Don't worry about using the right wording or legalese stuff, just make sure you understand what you are putting in, it's the truth and you would be okay arguing it if you had to go stand in court and do so.

[Amethyst]

Re: Recieved Court Claim for debt that is Statute Barred

Just tagging myself for the morning so I remember what I was doing....( I think tagging myself works... guess we'll find out [MENTION=6]Amethyst[/MENTION] ) Night xxx

[BigClan]

Re: Recieved Court Claim for debt that is Statute Barred

Thanks [MENTION=6]Amethyst[/MENTION]. I have made a start (and this makes more sense to me to be honest)

1. I received the claim ******* from the Northampton County Court on 15/02/2016

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 Claimants statement of case states that the account was assigned from Capital One to Cabot Financial (UK) on September 28^th 2015. The Defendant does not recall receiving notice of this assignment.

6. It is denied that Capital One 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.

7. On the 15^th February I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I requested the Claimant provide copies of the Agreement.

8. Restons Solicitors Limited has replied saying that do not have to provide me with this as this will have been provided at the time the account was opened and hence see no reason why I would require an additional copy.

9. On the 15^th February I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

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

11. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation 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.

12. 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.

13. 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 costs of the amendment.

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

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

[Amethyst]

Re: Recieved Court Claim for debt that is Statute Barred

Morning Tagging myself worked... yeyy ! Will remember that.

Good to hear it makes more sense That'll be because it's not relying on pointless things that don't exist in anywhere but the Freeman's mind... lol

I've switched section 77 cca to s 78 cca. S 77 is for FIXED SUM agreements ( ie LOANS ) and s.78 is for RUNNING CREDIT agreements (ie credit cards) and added in a statute barred argument, and a little bit of 'oo surprised they haven't got the agreement to hand as that's what they are relying on'.

Have a look through and hopefully you'lll be able to file it through Moneyclaim online.

Also just to double check - did they agree or refuse (or say nothing) to the request for an extension ?

1. I received the claim ******* from the Northampton County Court on 15/02/2016

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 Claimants statement of case states that the account was assigned from Capital One to Cabot Financial (UK) on September 28th 2015. The Defendant does not recall receiving notice of this assignment.

6. It is denied that Capital One 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.

7. On the 15th February I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited. I requested the Claimant provide copies of the Agreement.

8. Restons Solicitors Limited has replied saying that do not have to provide me with this as this will have been provided at the time the account was opened and hence see no reason why I would require an additional copy. As the Claimant is relying on this document in bringing the claim I find it strange they are unable to provide a copy on request to enable me to consider my position.

9. On the 15th February I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

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

11. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation 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.

12. I contend that any alleged debt would be statute barred pursuant to section 5 Limitations Act 1980 in that no payment or acknowledgement of the debt or agreement has been made for in excess of six years before the date this claim was issued. Should the Claimant deny this to be the case they must provide evidence to show why they do not agree.

12. 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.

13. 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 costs of the amendment.

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

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

[BigClan]

Re: Recieved Court Claim for debt that is Statute Barred

Thanks for that [MENTION=6]Amethyst[/MENTION]. Just re-read the letter that Reston's sent and they have failed to mention anything about an extension.

[Amethyst]

Re: Recieved Court Claim for debt that is Statute Barred

Okay, just pop this in the the court beginning of next week then, asuming you don't suddenly get a stack of documents from the claimant

[BigClan]

Re: Recieved Court Claim for debt that is Statute Barred

I will make a note of that. What are the next steps now I have submitted my defence? What should I expect to happen?

[Amethyst]

Re: Recieved Court Claim for debt that is Statute Barred

Possibly nothing, you should get a letter from the court to say your defence has been sent to the claimant and they have 28 days to respond, if they don't the case will be put on hold indefinately until they come up with documents and apply to lift the stay. If they do then the court will send you a 'directions questionnaire' and invite you to mediate, then the court will be sent over to your local court and you'll get a hearing date.

[BigClan]

Re: Recieved Court Claim for debt that is Statute Barred

What if they never reply (because lets be honest, if they are chasing a statute barred debt, the documents would prove they are in the wrong)? How do I get this incorrect default date removed from my credit file as it would have been clean of defaults if the date had not been changed to Jan 2011.

[BigClan]

Re: Recieved Court Claim for debt that is Statute Barred

Howdy all, I am back again. I received the first attachment from Cabot at the end of March stating they didn't have my credit information so they could not continue court proceedings without it and I thought, its all done with for now. Tonight I was sorting though some junk advertisements that come through the post that I was about to bin and found a letter from the solicitors that had accidentally been put there (see the second and third attachment)

They are trying to discredit my defence and trying to make out that this will carry on, even though the DCA has said it wont without that information. They are also requesting proof of the 77/78 Consumer Credit Act request and proof of the Postal Order (which I have, including proof of postage and delivery) and I also have the proof from the fact that Cabot's have replied and said their is nothing they can do.

What should I do now? Should I just send all the information they want including a copy of the letter from Cabots? I am planning to get everything sent Special Delivery tomorrow so any advice would be greatly appreciated (tagging [MENTION=6]Amethyst[/MENTION] as you were so helpful last time, I hope you dont mind)