In May this year I was sent a county court claim from 'Howard Cohen & co. Solicitors' acting on behalf of 'Hoist Portfolio' who are acting on behalf of 'Barclaycard'.
I sent the defence part back with the Statute barred letter, because I believe that this debt is over 6 years old.
I also sent them a letter for a SAR request.
I had nothing back on the SAR request even though they cashed the payment, and the only letter I got from Howard Cohen was to say in their words 'we can confirm that on 11 August 2010 a Default Notice was served upon you.As the Default Notice is the cause of this action and the claim was issued on 17 May 2016, we contend that the claim has been brought within the Limitation Period. Civil Procedure Rule 7.2.1.1 states a claimant has six years from the default date to bring their claim'
I have now received 'Claimants Witness Statement' from Howard Cohen and copies of documents with what they intend to use as evidence for CCJ case on 20th January 2017, some are : a copy of 'Credit Card Agreement' with my name & address on but not sign by me this is suppose to dated on 24th sep 2007/ copies of statements from 4/11/2010 to 7/01/2011 with the account being in arrears/ a copy of default notice sent on 11th august 2010 also copy of letter from 'Barclaycard' saying the account had been transferred to MKDP LLP on 13th May 2011.
Also reading though the statement they have said a 'Default Notice' was sent on 11th August 2011 but their own copy says 11th August 2010.
They are still stating 'The Default Notice' is the cause of this action and that their claim has been brought within the 'Limitation Period' and quote 'CIVIL PROCEDURE RULE 7.2.1.1 , saying the claimant has six years from default date to bring claim.
Please I need some legal advice ref this I have to send a defence and has I can see my bank records show the last payment I made was 1/02/2010.
thank you for your help
I sent the defence part back with the Statute barred letter, because I believe that this debt is over 6 years old.
I also sent them a letter for a SAR request.
I had nothing back on the SAR request even though they cashed the payment, and the only letter I got from Howard Cohen was to say in their words 'we can confirm that on 11 August 2010 a Default Notice was served upon you.As the Default Notice is the cause of this action and the claim was issued on 17 May 2016, we contend that the claim has been brought within the Limitation Period. Civil Procedure Rule 7.2.1.1 states a claimant has six years from the default date to bring their claim'
I have now received 'Claimants Witness Statement' from Howard Cohen and copies of documents with what they intend to use as evidence for CCJ case on 20th January 2017, some are : a copy of 'Credit Card Agreement' with my name & address on but not sign by me this is suppose to dated on 24th sep 2007/ copies of statements from 4/11/2010 to 7/01/2011 with the account being in arrears/ a copy of default notice sent on 11th august 2010 also copy of letter from 'Barclaycard' saying the account had been transferred to MKDP LLP on 13th May 2011.
Also reading though the statement they have said a 'Default Notice' was sent on 11th August 2011 but their own copy says 11th August 2010.
They are still stating 'The Default Notice' is the cause of this action and that their claim has been brought within the 'Limitation Period' and quote 'CIVIL PROCEDURE RULE 7.2.1.1 , saying the claimant has six years from default date to bring claim.
Please I need some legal advice ref this I have to send a defence and has I can see my bank records show the last payment I made was 1/02/2010.
thank you for your help
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