N93 Court Claim

[N93]

Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

Yes but not to my knowledge until cancelled in early 2009 no acknowledgement after.

[N93]

Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

Is a part higher when you get a contract with a phone which you keep at the end.

[samuwell]

Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

Yes but not to my knowledge until cancelled in early 2009 no acknowledgement after.

Limitation Act 1980. Under the Limitation Act 1980 a creditor has six years to chase most unsecured unpaid debts. This ‘limitation period’ starts from the time of your last payment or acknowledgement of the debt, not the total length of time you’ve been making payments. If a court judgment (CCJ) has been registered against you before the limitation period has passed it can be enforced at any point.

[N93]

Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

Do this include service charge contract.

Thanks

[N93]

Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

can I use this on a service contract?

- - - Updated - - -

dose*

[samuwell]

Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

I imagine it applies to any agreement or contract. You could try such wording as:

" Please validate by return your unsubstantiated claims of monies owed pertaining to the alleged debt as in the Original account number stated above, ....................... which is Statute Barred by virtue of section 5 of the Limitations Act 1980".

[N93]

Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

Do i send that to them in a letter and as part of a defence?

Thank you

[samuwell]

Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

Do i send that to them in a letter and as part of a defence?

Are you already going through the court system?

[samuwell]

Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

Are you already going through the court system?
Yes, this is defence. You use the evidence of their response or lack of.

[nemesis45]

Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

Limitation Act 1980. Under the Limitation Act 1980 a creditor has six years to chase most unsecured unpaid debts. This ‘limitation period’ starts from the time of your last payment or acknowledgement of the debt, not the total length of time you’ve been making payments. If a court judgment (CCJ) has been registered against you before the limitation period has passed it can be enforced at any point.

The start of a relevant 6 year period re the Limitation Act 1980 can vary with the type of account, many debt purchaser are relying on the date the account was defaulted as the start.

There is also the point that the contract/agreement may lay down a specific point when a creditor can default and account which may be after 2-3 missed payments.

Telephone service contracts are not regulated by CCA 1974.

With an overdraft / current account the date the bank can demand immediate repayment of all outstanding sums is the start of the 6 year period.

nem

[samuwell]

Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

many thanks for the input nem.
sam

[Diana M]

Re: N93 Court Claim

N93

Are these posts/questions on another thread to do with this claim? If so it makes sense to keep everything in one place so maybe ask @Kati to move them here for you (again !)

If it is the same claim then a CCA Request would not be applicable since it is for a mobile phone contract pre 2009.

Other thread posts begin here > http://legalbeagles.info/forums/show...292#post714292

Hello again

Your thread is here > http://legalbeagles.info/forums/show...269#post714269

Di

[Diana M]

Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

If you find the welcome forum you can post a new thread there.
Good luck.

N93 already has a thread on this claim here > http://legalbeagles.info/forums/show...466#post714466

Di

[Kati]

Re: N93 Court Claim

maybe ask @Kati to move them here for you (again !)

done x