Statute Barred or not Statute Barred?

[warwick65]

Re: Statute Barred or not Statute Barred?

As long as you have followed the court process, for now yes just wait

You have acknowledged service- have you filed your defence ?

If not this still needs to be done on time

[Kati]

Re: Statute Barred or not Statute Barred?

defence is due on Monday 26th June - https://www.timeanddate.com/date/dat...aw=&ad=33&rec= xx

- - - Updated - - -

whether or not you hear back from them first!

[MIKE770]

Re: Statute Barred or not Statute Barred?

ccbcaq@hmcts.gsi.gov.uk

[laneebanana]

Re: Statute Barred or not Statute Barred?

defence is due on Monday 26th June -
whether or not you hear back from them first!

Ok, sorry for my ignorance, but what sort of thing should I put as my defence?
Just that I believe the debt is statute barred?
And do I mention that I have requested and am waiting for evidence of default notice, statement of account and agreement?

[Kati]

Re: Statute Barred or not Statute Barred?

Ok, sorry for my ignorance, but what sort of thing should I put as my defence?
Just that I believe the debt is statute barred?
And do I mention that I have requested and am waiting for evidence of default notice, statement of account and agreement?

defence example here - http://legalbeagles.info/forums/show...t-Court-Claims

have a play/adapt it and post back up for the other Beagles to comment on xx

[laneebanana]

Re: Statute Barred or not Statute Barred?

defence example here - http://legalbeagles.info/forums/show...t-Court-Claims

have a play/adapt it and post back up for the other Beagles to comment on xx

Is this OK? Also, it might seem like really daft question, but I'm not feeling very bright tonight - how do I sign and date it if I'm doing it online? And, if my final date for entering my defence is 26th June, should I wait until nearer then or just send it in now?


1:I received the claim ********* from the Northampton County Court on 27^th May 2017

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


3: TheDefendant contends that any alleged debt would be statute barred byvirtue of section 5 of the Limitations Act 1980 in that she has notmade payment nor made any acknowledgement of this debt in more than 6years up to the date of issue of this claim.

4:This claim appears to be for a Catalogue Account [ShopDirect/Littlewoods] agreement regulated under the Consumer Credit Act1974.

5:The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6:The particulars of claim fail to state when the agreement was entered into.

7:The Claimants statement of case states that the account was assigned from Shop Direct/Littlewoods to Lowell Portfolio on 19/08/2011. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Shop Direct/Littlewoods 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.

9:On the 31/05/2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9.Lowell Solicitors has not sent any of these documents to me.

10:On the 31/05/2017 I sent a formal request for a copy of the original agreement to Lowell Portfolio 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: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim,however they have failed to produce requested documents

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............................................. ..... ....

[Amethyst]

Re: Statute Barred or not Statute Barred?

It would be s. 78 as running credit so you can take out the references to s. 77

Remove paragraph 12 as you haven't agreed an extension as far as I can see on your thread ?

Otherwise sounds fine I'd wait till the 24th just in case you get all the info ( unlikely but it happens occasionally)

If you submit through mcol you don't need to manually sign it- if by email you can type your name.

[laneebanana]

Re: Statute Barred or not Statute Barred?

OK, thanks very much to all for your help, I'll keep you informed of how I get on x

[laneebanana]

Re: Statute Barred or not Statute Barred?

defence example here - http://legalbeagles.info/forums/show...t-Court-Claims

have a play/adapt it and post back up for the other Beagles to comment on xx

So, I received a letter from Lowell Solicitors yesterday morning, it says-


We refer to the matter at the side of the page.


Please find enclosed copy of the Directions Questionnaire which we have now lodged with the Court. You will shortly receive the same directly from the Court for completion and return.
The Court will use the information contained in both our copy and yours to make decisions about how the case should proceed.
If you have any questions or wish to discuss this further please contact us on 0113335 3343


Attached is a form that they have filled in resettlement/mediation.
It asks whether I agree to the case being referred to small claims mediation service – they have answered yes to this.


So,my question is – Do I agree to this as well?


As far as I'm concerned this debt is statute barred, and they have yet to prove to me that is not the case. Despite sending CCA & CPR I have received nothing from them other than a letter telling me that they have sent a request to Littlewoods asking for copies of original agreement etc, and that they've suspended the action on the case until they receive the documents.


How can they enter mediation when they don't know/can't prove if they have a case or not?


What next?


Thanks in advance

[charitynjw]

Re: Statute Barred or not Statute Barred?

Lowell Solicitors will know only too well that, without disclosure of requested documentation, Mediation Service are very unlikely to be able to deal with the case & usually refer it back to the court.
The court timetable & processes are paramount; Lowell's 'suspended action' means nothing.
You should, in due course, receive your own copy of the DQ from the court, which should be completed & returned to the court in a timely manner, & a copy served on the other party (via Lowell Sols).
I would virtually always tick 'yes' to mediation myself.