Defending on a CCJ Statute Barred Debt.

[charitynjw]

Re: Defending on a CCJ Statute Barred Debt.

Just in case you were wondering where :0 came from, when you post : immediately followed by 0, you get :0.

Go figure!

[charitynjw]

Re: Defending on a CCJ Statute Barred Debt.

If it were me I'd phone the court first thing Monday to ask very nicely if there was any chance of changing the submitted defence.
If they say yes, email the court to confirm the conversation & your wish to change the submitted defence, a detailed copy of which will be filed at the court at a later date.

If you don't ask, ........

[Heebee23]

Re: Defending on a CCJ Statute Barred Debt.

Do I just try for an extension then and await the reply from Arrow/Restons?

I know it's probably common for people to state that they didn't make a payment but that is just what is is.
I haven't made a payment of any sort through my bank account.Checked and checked again through seven years of accounts.

So any ideas of why payments are on credit file?

Or should I just shape up and put in my defence and let them prove it after trying to get an extension.

[MIKE770]

Re: Defending on a CCJ Statute Barred Debt.

then in one of the responses you challenge them by asking how payments were made, and how also by whom, and from bank account Number or other merhod you do not let up until the truth is proven it is them to prove the alledged payments

- - - Updated - - -

sure one of the people on here who deal with these situation in daily job could advise the necessary form on here for you?

[warwick65]

Re: Defending on a CCJ Statute Barred Debt.

I would do as Charity suggests and if they say you can ammend your defence I wouldn't even ask for an extension, just get on with it

If you are 100% convinced it is SB then include it ( but also include anything else you can) , you may want to add a line requesting the claimant supply the time, date , source and manner of last alleged payments

[Heebee23]

Re: Defending on a CCJ Statute Barred Debt.

Thank you all from the bottom of my heart for the advice.

I will take all instruction given and let you know how it goes.

[Heebee23]

Re: Defending on a CCJ Statute Barred Debt.

Can I ask two more question please.

I have copied the template for the CPR to send to Restons but it stated that I need to enter a date that I will be submitting my claim.However as above I have already subbited the Statue Barred defence.

Can you let me know how I could word this please.

So on Monday I will send the following

CCA to Arrow
CPR to Restons
SAR to Sainsbury's

Will I need to send a Statute Barred letter to any of the above as well.

Thank you in advance

[warwick65]

Re: Defending on a CCJ Statute Barred Debt.

You are hoping to amend your defence tomorrow aren't you.

I would just adjust the paragraph so it reads so I can submit my defence and leave the date out.

Once you have the defence sorted i.e if you can amend it or not , that might be the time to send something extra to the claimants and the solicitors. That might be something along the lines of

Further to your recent claim against me ref xxxxxx, This account is statute barred under Section 5 of the Limitations Act 1980 . I therefore invite you to discontinue proceedings in order to save costs to both parties,
Should you continue with the claim, I reserve the right to bring this letter to the attention of the court

I always think your defence should include all and any main points so that you do not rely just on one thing.
[MENTION=87380]Diana M[/MENTION] [MENTION=5553]charitynjw[/MENTION] what do you think

[charitynjw]

Re: Defending on a CCJ Statute Barred Debt.

To the SB letter I would add something like

If you contend that it is not time barred by statute, please provide details of all payments to the account within the relevant period.
This to include the date, method of payment & identity of the payee.
Additionally or in the alternative, please provide accurate copies of any written acknowledgements which you consider may have been made by me within the same period.

Something like that.

[Heebee23]

Re: Defending on a CCJ Statute Barred Debt.

To the SB letter I would add something like

If you contend that it is not time barred by statute, please provide details of all payments to the account within the relevant period.
This to include the date, method of payment & identity of the payee.
Additionally or in the alternative, please provide accurate copies of any written acknowledgements which you consider may have been made by me within the same period.

Something like that.

Sorry to sound thick, but who do I send that to, or do I try and add that to my defence if they allow me an extension.

[charitynjw]

Re: Defending on a CCJ Statute Barred Debt.

- - -
@warwick65 's post #23 - send to Claimant and solicitor.
If it were me I'd send to both as suggested.
My post #24 - a suggestion for an addition to Warwick's letter.

& add a paragraph to your defence (which you hopefully will file with the court) to mention a possible SB defence.

As Warwick implies, throw in everything you can!

[Heebee23]

Re: Defending on a CCJ Statute Barred Debt.

Just a small update.
Phoned the court first thing on Monday and they advised that it was too late to amend my plea.

I have sent of all of the request that you quoted on previous posts above.
The only one I am a bit concerned about is the SAR.
Having sent it off I realised that my current address wouldn't of been the one I opened the account with.
Should I have sent proof of ID along with it?

Any advice greatfully received

[Heebee23]

Re: Defending on a CCJ Statute Barred Debt.

I have received two letters from Restons today.

Basically saying that that my CPR claim is irrelevant as my Courtclaim has already been filed and also the CCA is denied as it wasn't properly constituted and was made out to arrow and not them.

They also queried me not signing the letters and basically said my defence would be struck out as payment was made on the 06/03/2012.

They are insisting I fill out an N9 form or they will apply for a Summary judgement and I would be liable for all costs.

They also made a point of saying I had used templates to request the CCA and that that all the imformation they needed to supply was in the court claim.

Oh and one last thing they won't give me a copy of my credit agreement as I would of had on when I opened the account.


Any ideas where I go from here.

[warwick65]

Re: Defending on a CCJ Statute Barred Debt.

Restons are buggers

Arrow Global really should have answered your CCA request and for Restons to play silly bggers is not on IMO

I am sorry I can not help on how to amend your defence

If you can afford it maybe an initial consultation with a solicitor may be of use- some do it for free. You could use LBcompare to see who does consumer credit claims
http://lbcompare.co.uk/listings/?fwp...mer-credit-act

They do not necessarily have to be near you as most of the consultation can be done over the phone or by email/mail

Not trying to force you to a solicitors but maybe it would be at least a phone conversation worth having
[MENTION=87380]Diana M[/MENTION] [MENTION=551]pt2537[/MENTION]

[Heebee23]

Re: Defending on a CCJ Statute Barred Debt.

I am unemployed at the moment so couldn't afford a solicitor .

I am not feeling very confident about defending the case if they refuse to give me any details of the alleged payments made.I know I have my bank statements as proof but am still worried about what they could come up with an erroneous payment and then what would I do.

Is there anyway of avoiding a CCJ at this point.

Could the case be referred to mediation at all