Safari V Lowell on staute barred? overdraft

**Amethyst** · 23rd February 2016, 14:31:PM

Re: Safari V Lowell on staute barred? overdraft

Sounds like it might be a previous CCA request £1. If the Demand from HSBC was in 2009 then you could be okay for statute barred but you've also got the evidential backup of your CPR request - and no harm sending the CCA request - can be helpful if the claimant doesn't KNOW what the debt originally was.... and sounds like they don't as they have just listed everything.

under a loans, financial services, overdrafts, credit agreement

**safari** · 10th March 2016, 20:09:PM

Re: Safari V Lowell on staute barred? overdraft

Thank you for your advice I sent both requests and have only received a letter from BW legal confirming they have reviewed the request and will refer to Lowells for more info. Nothing from Lowells my 28 days is up so I need to send in my defence to MCOL any ideas on what I can put in the defence form?

**safari** · 11th March 2016, 14:44:PM

Re: Safari V Lowell on staute barred? overdraft

I like Lowell am not 100% positive this is for an overdraft, I assume as it has included a sort code and account number it is either an overdraft or loan can I put in defense that I have no clue to the debt and have yet to receive any info from bw/Lowell and it's not specified in the particulars of claim?

should I state that I believe it's statute barred
have not received any documentation as requested from bw or Lowell?
Not sure what the debt actually relates to?

**Kati** · 11th March 2016, 14:48:PM

Re: Safari V Lowell on staute barred? overdraft

There's an example defence here - http://legalbeagles.info/forums/show...it-Court-Claim ... have a look through and post up your draft on this thread :nod:

I'll give [MENTION=6]Amethyst[/MENTION] a :bump: too

xx

**safari** · 11th March 2016, 22:14:PM

Re: Safari V Lowell on staute barred? overdraft

Not sure about a few points!

Is is this the right type of defense as I don't know what exactly it is (the debt) also if it comes back for something statute barred can I later add in that it is in fact statute barred?

4. Am I denying ever signing up for credit with HSBC?

points 10. And 11. Not sure what to put here based on the fact I don't know for sure if it's an overdraft or not! How does this look?

1: I received the claim xxxx from the Northampton County Court on 8/2/16

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 an overdraft or loan agreement regulated under the Consumer Credit Act 1974.

4: It is denied that the Defendant has entered in to an agreement with HSBC for provision of credit.

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 claim fail to state when the agreement was entered into.]

6. The Claimants statement of case states that the account was assigned fromHSBC TO Lowell on XXXXX. The Defendant does not recall receiving notice of this assignment.

7. It is denied that HSBC 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 15/2/16 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to BW Legal, I requested the Claimant provide copies of the Agreement and default notice.

9. BW Legal has not sent any of these documents to me.

10. On the15/2/16 I sent a formal request for a copy of the original agreement to Lowell 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) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

13. 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.

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 costs of the amendment.

16. 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.

**charitynjw** · 11th March 2016, 22:29:PM

Re: Safari V Lowell on staute barred? overdraft

@Amethyst, ('cos you're much better with these ^^^ than me. :tinysmile_grin_t

**safari** · 12th March 2016, 10:25:AM

Re: Safari V Lowell on staute barred? overdraft

Shall I leave out anything to do with statute barred at this point?

**Amethyst** · 12th March 2016, 10:38:AM

Re: Safari V Lowell on staute barred? overdraft

Morning xx Just have a read through your defence now.

**nemesis45** · 12th March 2016, 10:38:AM

Re: Safari V Lowell on staute barred? overdraft

Originally posted by safari View Post

Not sure about a few points!

Is is this the right type of defense as I don't know what exactly it is (the debt) also if it comes back for something statute barred can I later add in that it is in fact statute barred?

4. Am I denying ever signing up for credit with HSBC?

points 10. And 11. Not sure what to put here based on the fact I don't know for sure if it's an overdraft or not! How does this look?

1: I received the claim xxxx from the Northampton County Court on 8/2/16

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 an overdraft or loan agreement regulated under the Consumer Credit Act 1974.

4: It is denied that the Defendant has entered in to an agreement with HSBC for provision of credit. REMOVE not applicable

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 claim fail to state when the agreement was entered into.]

6. The Claimants statement of case states that the account was assigned fromHSBC TO Lowell on XXXXX. The Defendant does not recall receiving notice of this assignment.

7. It is denied that HSBC 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 15/2/16 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to BW Legal, I requested the Claimant provide copies of the Agreement and default notice.

9. BW Legal has not sent any of these documents to me.

10. On the15/2/16 I sent a formal request for a copy of the original agreement to Lowell 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) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

13. 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.

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 costs of the amendment.

16. 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.

OK just 4 needs removing us standard text not bold or highlighted.

nem

**Amethyst** · 12th March 2016, 10:45:AM

Re: Safari V Lowell on staute barred? overdraft

Made a couple amendments for you and added in the Statute barred bit xxxxxxxx

-------------------------------------------------------------

1: I received the claim xxxx from the Northampton County Court on 8/2/16

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

3: This claim appears to for an 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. The Claimant has not stated whether the claim relates to a credit card, loan or overdraft. In fact the Claimant does not appear to be aware what their claim is for as they state ' loans, financial services, overdrafts, credit agreement '. I would contend that this is an abuse of process.

5.Historically I have held a number of different products with the original creditor, HSBC. It is my contention that any debt would now be statute barred pursuant to section 5 of the Limitations Act 1980 as I have had no contact with nor made payments to HSBC or any third party for debts previously owned by HSBC in over six years.

6: In order to try and find out more information, on 15/2/16 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to BW Legal, I requested the Claimant provide copies of the Agreement and default notice.

7. BW Legal has not sent any of these documents to me.

8. On the 15/2/16 I sent a formal request for a copy of the original agreement to Lowell pursuant to section 77 or 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

9. The Claimant has failed to comply with s77 (1) / s 78 (1) Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

10. The Claimants statement of case states that the account was assigned from HSBC TO Lowell on XXXXX. The Defendant does not recall receiving notice of this assignment.

11. It is denied that HSBC 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.

12. 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.

13. 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.

14. 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.

15. 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.

**safari** · 12th March 2016, 13:55:PM

Re: Safari V Lowell on staute barred? overdraft

Amazing thank you so much! Defense sent!

**Amethyst** · 12th March 2016, 13:57:PM

Re: Safari V Lowell on staute barred? overdraft

Ace xxx Let us know if you hear anything

**safari** · 11th May 2016, 14:56:PM

Re: Safari V Lowell on staute barred? overdraft

Well with thanks for help with my defence I received confirmation that Lowell are going ahead with the claim and it is to be allocated to the small claims track. Back in Feb Lowell said they would send further evidence as soon as they had t in relation to this debt which is an overdraft. I haven't received this at the moment and have received a request for mediation which I am happy to do but only if I've received evidence which states this debt is not statute barred. To accept the mediation offer it states that I have all the information I need? Any help with this? I would rather resolve with out going to court as I'm not 100% sure it's statute batted and would like to avoid any ccj but on the other hand don't want to give in as such if it is a stdtaute barred debt. Shall I just opt for mediation? Thanks again!

**safari** · 20th June 2016, 18:49:PM

Re: Safari V Lowell on staute barred? overdraft

hi all,

with tegards to this clami I have still not recieved any documents from Lowell or BW in relation to this claim which I requested in February. I have had a letter from the court saying this is now getting allocated to the small claims track. I would really appreciate some help with what my actions should be:

Ideally My priority is to avoid a CCJ, do I cut my losses now and ask for a Tomlin order? Or wait to see if they come up with any documentation? What is the latest point I can back out and request an out of court tomlin order?

thankyou

Safari V Lowell on staute barred? overdraft