Court Claim, Statute Barred?

[marvinbiscuits]

Hi,
Today I received documents from the County Court relating to a debt that I believe is statute barred, I don't remember the original date of the debt, but it isn't showing in my credit file which I believe means it's older than 6 years? How do I find out if it's a statute barred debt and how do i proceed?

Thanks

[Kati]

Re: Court Claim, Statute Barred?

Hi [MENTION=98253]marvinbiscuits[/MENTION] ... your first steps are set out here http://legalbeagles.info/forums/show...it-Court-Claim

can you type out the particulars of claim as they're shown on the front of the claim form?

I'll tag [MENTION=48934]Debt Camel[/MENTION] regarding the SB'd issue and [MENTION=87380]Diana M[/MENTION] to assist with your court claim xx

[Debt Camel]

Re: Court Claim, Statute Barred?

What sort of debt is this? Did it used to show on your credit record and it has dropped off? When did you last make a payments to it?

[marvinbiscuits]

Re: Court Claim, Statute Barred?

Hi, thanks for responding and apologies for the delay, the original debt was for a provident loan, i believe it used to show on my credit record and has dropped off, i'm unsure of when i last made payments as i'm unsure of the original date of the loan

[marvinbiscuits]

Re: Court Claim, Statute Barred?

Issue Date: 17/02/2017
Amount approx: 860.08
Claimant: lowell portfolio ltd
Solicitor: cohen cramer solicitors
Original Creditor: provident personal credit
Particulars of Claim: The claim is for the sum of £676.0 due by the defendant under an agreement by the consumer credit act 1974 for a provident personal credit limited account.
the defendant failed to maintain contractual payments required by the agreement and a default notice was served under s.87(1) of the consumer credit act 1974 which has not been complied with.
the debt was legally assigned to the claimant on 26/jun/2015, notice of which has been given to the defendant.
the claim includes statutory interest under s.69 of the county courts act 1984 at a rate of 8% per annum from the date of the assignment to the date of issue of these proceeding tin the sum of £54.08
the claimant claims the sum of £730.08
Is the debt Statute Barred? i'm unsure
List any letters you have sent: cca request and cpr request
Any Other Info: i haven't had a default notice from lowell, and i don't recall getting a letter to tell me the debt had been passed on to them, the first time i realised i still had a debt was when the claim form arrived

[marvinbiscuits]

Re: Court Claim, Statute Barred?

hi, just wondering where i stand with this debt, i have sent a letter to lowell asking for relevant paperwork for this claim and have had no response from them, i have heard back from their solicitors regarding the letter i sent them to advise that i sent a letter to lowell, thanks

[Amethyst]

Re: Court Claim, Statute Barred?

Hi Marvin, So you have sent the CPR 31.14 and CCA letters as recommended in the First Steps post?

So you are now preparing your defence ? ( due in 33 days after the issue date on the claim form) Have you had a read of the example defence? ( http://legalbeagles.info/forums/show...t-Court-Claims ) - this is mainly based on the lack of response from the claimant and solicitors involved. Have a read through and ask anything you don't understand.

If you believe the debt may be statute barred it is worth putting that in your defence at this stage too.

Add a paragraph something like....

It is the Defendants contention that any debt previously owed to Provident Personal Credit Limited is now time barred by virtue of section 5 of the Limitations Act 1980.

It doesn't need any details at this stage but putting it in the defence means you can, once you have documentation (if they provide any), you can still rely on statute barring if you find it to be a valid argument.

[marvinbiscuits]

Re: Court Claim, Statute Barred?

Hi, thanks for your help so far, the example defence, can i just copy that and fill in what i need to offer as my defence?

[Amethyst]

Re: Court Claim, Statute Barred?

You can, if you do a draft and post it on here then we'll give you hand making sure it's as right and strong as poss xxx

[marvinbiscuits]

Re: Court Claim, Statute Barred?

1: I received the claim XXXXXXXX from the Leeds County Court on 20 February 2017

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

3: This claim is for a Loan 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 particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from Provident Personal Credit Limited to Lowell Portfolio Ltd on 26 June 2015. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Provident Personal Credit Limited 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 the 27 February 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Cohen Cramer Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Cohen Cramer Solicitors have not sent any of these documents to me.

10. On the 27 February 2017 I sent a formal request for a copy of the original agreement to Lowell Portfolio Ltd 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.

12. It is the Defendants contention that any debt previously owed to Provident Personal Credit Limited is now time barred by virtue of section 5 of the Limitations Act 1980.

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.



Signed …………………………………………

Dated .................................................. ....

[marvinbiscuits]

Re: Court Claim, Statute Barred?

Thanks for your help so far, I submitted the defence as above, received a letter stating that it had been accepted as a defence, then received a second letter stating that lowell portfolio have submitted a defence and are taking the case to small claims court, how do i proceed from here? thanks

[Stu]

Re: Court Claim, Statute Barred?

The thing with these claims is they last a long time and most of it is worrying so try not to.. Your next step will be a N180 form through the door "Directions questionnaire". When that arrives you kick off the next move

[marvinbiscuits]

Re: Court Claim, Statute Barred?

I still haven't received the directions questionnaire, i have a letter of proposed allocation to small claims but nothing else came with it, I have just re-read the letter and it says i need to file the questionnaire by the 18th of april, even if I were to get a copy of it somehow, it wouldn't reach them in time, am i screwed?

[MIKE770]

Re: Court Claim, Statute Barred?

ring the court and ask state of play on Tuesday?? I suggest maybe others may feel different