Statute Barred or not Statute Barred?

[laneebanana]

Hi,


Thanks in advance for any advice you can give me.
I received a claim form from County Court Business centre on Saturday,for a debt to Shop Direct (Littlewoods).
I believe this debt to be statute barred as the last payment/acknowledgement was on 03/09/2010 (6yrs 9mths ago). The only reason I know so exactly is because I was able to go back through my bank statements and check).


I spoke to Lowells solicitors this a.m. and was told that it is not statute barred as they have note of a payment on Nov 2010 (6yrs 7mths)!!

When I pointed out that this was also 'over 6 years', he said that the six years starts when the account is 'defaulted' – August 2011 - just inside the 6 years.


So, my question is – when does the 6 years start – are they trying it on in the hope that I don't know better?


I haven't sent CCA or CPR requests yet, but have them ready to go. Nor have I logged into MCOL yet as not sure what to put.
My biggest problem is that I'm going on holiday on 3rd June and won't be back until 18th June.
Below are details of claim, any advice would be very much appreciated.

IssueDate: 24^thMay 2017

Amount approx: £300

Claimant: LowellPortfolio

Solicitor: LowellSolicitors

OriginalCreditor: ShopDirect

Particulars of Claim:

1. The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Shop Direct under account ref Rxxxxxxxxx ('the agreement')
2. The defendant failed to maintain the required payments and a default notice was served and not complied with
3. The Agreement was later assigned to the Claimant on 19/08/2011 and notice given to the defendant
4. Despite repeated requests of payment, the sum of £xxx remains due and outstanding.
   And the Claimant claims
   a) The said sum of £xxx
   b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing daily at a rate of £0.045, but limited to one year being £xxx
   c) Costs

[laneebanana]

Statute barred or not statute barred?

Hi,


Thanks in advance for any advice you can give me.
I received a claim form from County Court Business centre on Saturday,for a debt to Shop Direct (Littlewoods).
I believe this debt to be statute barred as the last payment/acknowledgement was on 03/09/2010 (6yrs 9mths ago). The only reason I know so exactly is because I was able to go back through my bank statements and check).


I spoke to Lowells solicitors this a.m. and was told that it is not statute barred as they have note of a payment on Nov 2010 (6yrs 7mths)!!

When I pointed out that this was also 'over 6 years', he said that the six years starts when the account is 'defaulted' – August 2011 - just inside the 6 years.


So, my question is – when does the 6 years start – are they trying it on in the hope that I don't know better?


I haven't sent CCA or CPR requests yet, but have them ready to go. Nor have I logged into MCOL yet as not sure what to put. My biggest problem is that I'm going on holiday on 3rd June and won't be back until 18th June.
Below are details of claim, any advice would be very much appreciated.

IssueDate: 24^thMay 2017

Amount approx: £300

Claimant: LowellPortfolio

Solicitor: LowellSolicitors

OriginalCreditor: ShopDirect

Particulars of Claim:

1. The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Shop Direct under account ref Rxxxxxxxxx ('the agreement')
2. The defendant failed to maintain the required payments and a default notice was served and not complied with
3. The Agreement was later assigned to the Claimant on 19/08/2011 and notice given to the defendant
4. Despite repeated requests of payment, the sum of £xxx remains due and outstanding.
   And the Claimant claims
   a) The said sum of £xxx
   b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing daily at a rate of £0.045, but limited to one year being £xxx
   c) Costs

[charitynjw]

Re: Statute Barred or not Statute Barred?

Hi laneebanana & welcome to LB

Firstly, acknowledge the claim asap.
Defend in full.
Do not dispute jurisdiction.
Yes to mediation.
Do not enter any dialogue in the 'defence' box.

Secondly, I reckon they're trying it on.
Even 7 months is well into SB territory.
& in your particular case, it doesn't matter whether they reckon it starts from the alleged default date, they are wrong/mistaken/lying scumbags*.

Send the CCA & CPR letters.
& SAR Shop Direct.

& btw, stay off the 'phone re Lowells. It's not in their best interests to help you.
Everything in writing, with proof of postage & file copies.

*Delete as necessary

[charitynjw]

Re: Statute barred or not statute barred?

Hi

I've posted on your other thread.

[Amethyst]

Re: Statute barred or not statute barred?

Firstly log in to MCOL and just acknowledge the claim ( intend to defend in full )

Then get the CPR and CCA letters off. These should give you a back up defence if Statute Barring fails.

The statute barred date will depend on the terms of the agreement. With shop direct I believe they give themselves the right to demand the full debt if you miss a single payment by the due date - therefore it is likely the due date of the the first missed payment would be the cause of action date and therefore the start of the statute barring period of six years.

[Amethyst]

Re: Statute barred or not statute barred?

Hi

I've posted on your other thread.

Oh tits, didn't see there was another thread... well fingers crossed we've said pretty much the same thing then...

I'll merge threads so it doesn't get confusticating ( EDIT: DONE )

[charitynjw]

Re: Statute barred or not statute barred?

Oh tits, didn't see there was another thread... well fingers crossed we've said pretty much the same thing then...

I'll merge threads so it doesn't get confusticating ( EDIT: DONE )

Singing from the same hymn book, Ame.

........Oh tits??

[laneebanana]

Re: Statute Barred or not Statute Barred?

Hi, sorry, wasn't sure where to post it
Thanks for getting back to me so quickly. Just one more thing, with SAR, do I pay with PO as with CCA?

[Kati]

Re: Statute Barred or not Statute Barred?

with SAR, do I pay with PO as with CCA?

yep xx

[warwick65]

Re: Statute Barred or not Statute Barred?

I am a contrary bar steward and sent a cheque for both cca requests and SAR. I know, not everyone has a cheque book .

I also scanned the cheques so should they try and lift the signature I could prove it - my signature has changed over the years

[mariefab]

Re: Statute Barred or not Statute Barred?

I'm no kind of expert in these matters but; had the person you spoke to on the phone read their particulars of claim?

I ask because they state at #2 that a default notice was served and not complied with (presumably by Shop Direct) and then at #3 that it was assigned later to Lowell August 2011.

So, how can they say on the phone that it's not statute barred because the agreement defaulted in August 2011?

Do assignment and default mean the same in Lowell (or the real) world?

[warwick65]

Re: Statute Barred or not Statute Barred?

I'm no kind of expert in these matters but; had the person you spoke to on the phone read their particulars of claim?

I ask because they state at #2 that a default notice was served and not complied with (presumably by Shop Direct) and then at #3 that it was assigned later to Lowell August 2011.

So, how can they say on the phone that it's not statute barred because the agreement defaulted in August 2011?

Do assignment and default mean the same in Lowell (or the real) world?

What seems to happen is that companies hold off defaulting the account (in my opinion to unfairly extend the limitations period) and then default just before they sell on. Although the new FCA system seems to allow many of the debt purchasers to provide credit ( in that way they can take un defaulted accounts) prior to that they couldn't so selling an undefaulted account made it impossible

[fuqex]

Re: Statute Barred or not Statute Barred?

Good evening,

See: http://www.legalbeagles.info/forums/...te-barred-debt

A similar issue, however this was a different solicitor and DCA, however very similar issue (Mainly to give peace of mind), as they won albeit didnt goto court but before the hearing it was closed.

I have previously contacted national debtline in regards to Statute Barred (It Maybe that I will require assistance and reassurance myself soon as one of mine is 6 years and 5months, and another 6 years and 1month) and this reads the following:

The cause of action (when the limitation period starts running) for simple contract debts, is usually when your agreement says the creditor is able to take court action because you have fallen behind with payments. This will usually be after one or two missed payments. Sometimes, a debt will have no set repayment time. For these sorts of debts, working out the cause of action is more difficult. Contact us for advice.

I have read many places that a default can be entered between 3 and 6 months of non payment, so if it is over these timescales then you should have a good case in a court, as to why it hasnt been placed earlier.

I wish you the best...

[charitynjw]

Re: Statute Barred or not Statute Barred?

Hopefully laneebanana will heed the sound, & in my humble opinion, extremely wise advice given by some venerable, talented person earlier on in this thread.

Stay off the 'phone.

[laneebanana]

Re: Statute barred or not statute barred?

Hi, Back from Hols to find a letter from Lowell Solicitors saying they have sent a request to original creditor for statement of account and default notice - these will be forwarded upon receipt. Action suspended to allow time for them to receive requested documents.
Then advice to complete the county court form in time - which I've already done.

What happens now - do i just wait to hear from them?