BW LEGAL/LOWELL v Tel1969 Statue barrred......HELP

[Tel1969]

I have followed the First Steps guide and have sent CCA, CPR and £1 postal order to the relevant office. I also included a letter stating that my debt is statue barred and asking for them to provide me with proof that this claim isn't statue barred. This has been their initial response. Now what is the next step please.....

[Amethyst]

Re: BW LEGAL/LOWELL v Tel1969 Statue barrred......HELP

Well done so far Completely normal response there - although sounds bit more like they are replying to a getoutofdebtfree' letter than a standard CPR request ( maybe you can post up the link to where you got your CPR letter from - just to check )

What date was the claim against you issued ? ( just so we know your defence date)

When do you believe you last made a payment towards the debt ?

[Tel1969]

Re: BW LEGAL/LOWELL v Tel1969 Statue barrred......HELP

Thanks for your reply, Amethyst. :tinysmile_grin_t:

The CPR letter was via the template in the First Steps.

The date of the claim is 06 September 2016

Last payment was around June 2010.

Many thanks.

[Anaconda]

Re: BW LEGAL/LOWELL v Tel1969 Statue barrred......HELP

Hi Tel1969 and Amethyst

I had a similar situation with Hoist Portfolio which I raised on this site,

after going through all of the procedures and then being given a small claims court date for November 2016, then visiting a local solicitors at a cost of £234 who advised that I would probably lose as the claimants posted a date of 27th July 2010 even though I had evidence to show the last activity was Nov 2009 on this claim which was dated May 2010 so clearly Statute Barred.

then this morning got a letter from claimants solicitors stating that the had issued a discontinuance notice,

so be patient and stick to your guns as the claimants won't want to spend £355 on a court hearing if they know it is statute barred.

good luck

[Diana M]

Re: BW LEGAL/LOWELL v Tel1969 Statue barrred......HELP

I had a similar situation with Hoist Portfolio which I raised on this site,

after going through all of the procedures and then being given a small claims court date for November 2016, then visiting a local solicitors at a cost of £234 who advised that I would probably lose as the claimants posted a date of 27th July 2010 even though I had evidence to show the last activity was Nov 2009 on this claim which was dated May 2010 so clearly Statute Barred.

then this morning got a letter from claimants solicitors stating that the had issued a discontinuance notice,

Well done you for getting a Discontinuance - your tenacity paid off.

Unfortunately not many solicitors understand Consumer Credit law. You decided to ignore that solicitor's advice and got the result you deserved. Maybe ask them for your £234 back

Di

[Anaconda]

Re: BW LEGAL/LOWELL v Tel1969 Statue barrred......HELP

Thanks Di
I must say that I was very downhearted after my discussion with the solicitor, however was determined to fight on as I was confident in my position.
Anaconda

[Tel1969]

Re: BW LEGAL/LOWELL v Tel1969 Statue barrred......HELP

Thanks for posting that Anaconda. And very well done. :goodjob:I bet the relief today is very palpable.

Here's hoping I have the same outcome as yourself!!

[Tel1969]

Re: BW LEGAL/LOWELL v Tel1969 Statue barrred......HELP

Hi

Can someone help me to prepare my defence please as it will be dude in the next couple of days I think.