Notice of proposed allocation to the small claims track

[Speersy]

Hi everyone,

been reading all all the advice you have given on here and it's been really helpful so far.

i had a CCJ come through which I acknowledged and requested further information regarding the default notice, credit agreement and date of assignment back in May, however I've not heard anything back from them so submitted my defence reflecting that I've not heard anything back and that I'm not able to submit a full defence. Also adding that I believe this to be a statute barred debt.

today ive received 2 letters from Nottingham County Court

letter 1

the claimant and defendant, you have been sent notice of proposed allocation to track which specified the date by which you were required to return the directions questionnaire. You have failed to file the directions questionnaire with the CCBC by the date specified in the notice

1) the claimant must file the directions questionnaire with the CCBC on or before 7 days of this order (dated 13th July)

2) the defendant must file the directions questionnaire with the CCBC on or before 7 days of this order.


letter 2

take notice that

1. This is now a defended claim. The defendant has filed a defence.

2. It appears that this case is suitable for allocation to the small claims track.

if you believe this track is not the appropriate track for the claim, you must complete box C1 on the small claims directions questionnaire and explain why.

3. You must by 31st July 2017 complete the small claims questionnaire (N180) and file it with the court office and serve copies on all parties.

whats the best way to deal with this.
im confused as 1st letter mentions 7days from the 13th and second letter mentions the 31st July?

I guess the questionnaire is straightforward, should I agree to the small claims track in the questionnaire?

is there anything I should know before sending this off?

Thanks in advance

[ostell]

Re: Notice of proposed allocation to the small claims track

Looks like the court forgot that they had not sent the DQ out initially (and therefore would not receive it) and have now corrected their error.

Yes to small claims, unless you want one of the other tracks available. Identify the court most convenient for you and the dates you will NOT be available. Copy to the other side as well as the court.

[Speersy]

Re: Notice of proposed allocation to the small claims track

Looks like the court forgot that they had not sent the DQ out initially (and therefore would not receive it) and have now corrected their error.

Yes to small claims, unless you want one of the other tracks available. Identify the court most convenient for you and the dates you will NOT be available. Copy to the other side as well as the court.

thats great thanks.

what do I do about the fact that the solicitor still hasn't provided the documents required to submit a defence?

Thanks

[Amethyst]

Re: Notice of proposed allocation to the small claims track

To have received the DQ you must have submitted a defence? I'll have a read back...

Ahh okay you have submitted a defence ( basically saying there's been no documents provided and it's stat barred? ) so that's fine. when you get to Mediation they first ask if you have the documents required, to which you'd say no, and mediation would then fail and off we go to witness statements and court hearing date

[Speersy]

Re: Notice of proposed allocation to the small claims track

To have received the DQ you must have submitted a defence? I'll have a read back...

Ahh okay you have submitted a defence ( basically saying there's been no documents provided and it's stat barred? ) so that's fine. when you get to Mediation they first ask if you have the documents required, to which you'd say no, and mediation would then fail and off we go to witness statements and court hearing date

Hi,

Yes I submitted a defence saying that they didn't provide the information requested by CP 31.14 Request and that I believe that this debt is Statute Barred although I've checked my credit record and there is no trace of this debt on my file and I've gone back to July 2010 in my bank accounts and I can't find any payment welcome finance for this debt?

Thanks
Lee

[Speersy]

Re: Notice of proposed allocation to the small claims track

Hi,

Could someone clarify how long a hire purchases loan takes to become statute barred please?

thanks

[charitynjw]

Re: Notice of proposed allocation to the small claims track

Hi Speersy.

The glib answer is 6 years from when the date on which the cause of action accrued. (s5 Limitation Act 1980).
Often (& for all kinds of reasons) that date is notoriously difficult to pin down.
I'm guessing that your SB question relates to the rest of this thread (above).
Have you tried a CCA request & SAR to the original creditor?
If not, this may help - http://www.wfs.co.uk/documents/cca-a...ct-sheet-v.1.4
It would appear that they do not want a fee for the CCA request, but then again, if they have assigned the debt, they may no longer be classed as the creditor for the purposes of the CCA. The 'creditor' will be the current assignee.
If it were me I'd send a SAR +£10 and a CCA s79 request including the £1 fee to the above, and also a CCA s79 + £1 fee to the Claimant, with a copy of the request plus a covering letter to the Claimant's legal rep (no fee with this one...tell them it's for info only to let them know that a request has been sent to their client). Don't tell them about the SAR; that is for your own personal info.
So for £12 (£11 if Welcome doesn't cash/returns your £1), you've covered all bases & more importantly, if the Claimant doesn't come up with the goods (compliant copies) you may have secured yourself some valuable legal protection.
s79 CCA - http://www.legislation.gov.uk/ukpga/1974/39/section/79

As always, keep copies of all correspondence & get proof of posting.

[Speersy]

Re: Notice of proposed allocation to the small claims track

Thanks, I'll get on this today.

i have read though although not on this forum that there is a difference between an unsecured loan and a secured loan which I believe a hire purchase for a car to be and that a secured loan is 12 years before it's statute barred, is this true?

Thabks

[charitynjw]

Re: Notice of proposed allocation to the small claims track

I believe that is only when secured on land.

Borrowed money means any debt from:

• credit cards
• bank overdrafts or loans, including hire purchase agreements
• catalogue spending
• mortgages

This advice doesn’t apply to debts like Council Tax arrears, rent arrears and energy bill arrears.

If the debt is over 6 years old (over 5 years in Scotland)

Lenders only have a certain amount of time to take you to court for a debt. This is 6 years.
Mortgages
Mortgage lenders have longer to get their money back. They have 12 years to try to recover a mortgage shortfall and 6 years to recover any interest owing.


After this, the lender usually can’t force you to pay the money back. This is called a ‘statute barred’ debt.
*The time starts from the date you first failed to make a payment.
Your debt could be statute barred if it’s 6 years or more since you last made a payment, and during that time:

• you haven’t said in writing to the lender that the debt’s yours
• the creditor hasn’t gone to court for the debt

Don’t contact the lender if you’re in this situation. This is because you could make it look like you’re agreeing you owe the money and this can ‘reset the clock’ on the 6 years.
Be careful if you have a joint debt as one of you could reset the 6 year time limit for both of you.

If one of you writes and acknowledges the debt, the clock is reset for that person alone.
If one of you makes a payment, the clock is reset for both of you.
Get free help from your nearest Citizens Advice or from the National Debtline if you want to make sure the debt is statute barred before talking to the lender.
National Debtline
Telephone: 0808 808 4000
Monday to Friday, 9am to 8pm
Saturday 9.30am to 1pm
You can also use National Debtline’s sample letter to stop the lender contacting you again. It’s written in a way that tells the lender to stop without you agreeing that you owe them money.
Send the letter by recorded delivery if you want to prove the lender got it. There's a small charge for this. You can also ask the Post Office for 'proof of postage' - this is free of charge.
Any lender that still wants to argue that the debt isn’t statute barred will then have to go to court to prove it. Read our advice about getting a court order ‘set aside’ if this happens.

https://www.citizensadvice.org.uk/de...a-credit-debt/

*This bit in red may be slightly wrong. My take on the date of the cause of action with regulated debts is usually some time after the second missed payment, probably 3 months or so from the last payment made.

[Speersy]

Re: Notice of proposed allocation to the small claims track

Thank you.

ive been back through my bank statements online and I can't see any payments to welcome at all that's going back 7 years I believe.

So it would be up to them to prove otherwise?

Thanks

[charitynjw]

Re: Notice of proposed allocation to the small claims track

Generally, yes, the onus is on them to prove it's not SB.
Although it would be wise of you to get evidence to positively prove that it definitely is,

[Speersy]

Re: Notice of proposed allocation to the small claims track

Generally, yes, the onus is on them to prove it's not SB.
Although it would be wise of you to get evidence to positively prove that it definitely is,

ive contacted my bank and gone back through my statements over the phone with them and they say that the last payment I sent to them was 1st of September 2009.

wouldthat be enough to form a part of my defence? What else should I be looking for other than the documents that I have requested but still haven't received?

Thanks

[charitynjw]

Re: Notice of proposed allocation to the small claims track

I normally get hard copy of the statements from the bank, just in case...

[Speersy]

Re: Notice of proposed allocation to the small claims track

I normally get hard copy of the statements from the bank, just in case...

Hi,

sorry for the delay, ive been waiting for a response from the county court officer has sent the below after I rejected the mediation request due to the claimants solicitor not providing the relevant information to present a defence. As I was given a questionnaire where I needed to say yes to 3 things which I couldn’t as they never sent me the requested documents.

the court has now informed me the below. Which I’m assuming that I wait for the judge to make their decision, however I’m not sure why I would need to re-register my interest in a claim that’s ongoing, if the judge sends it back to mediation?

Good afternoon,

Thank you for your email.

We will arrange for the case to be transferred to a local court centre to proceed. The case will be transferred to a local court to proceed and a notice of the transfer will be posted to you, please then wait for directions from the local court. If the Judge maintains the case is suitable for mediation you will be asked to contact us to re-register your interest.

If you require any further information about mediation please contact us at the below details, if you require information about any other aspect of the case please contact the local court. You can use the link below to find the contact details.

https://courttribunalfinder.service....search/address

Thanks

[warwick65]

Re: Notice of proposed allocation to the small claims track

Hi

A couple of questions I guess although [MENTION=5553]charitynjw[/MENTION] seems to have answered at least one

Is this a loan from Welcome Finance?

Was the loan specifically a Hire Purchase loan to buy a car and was it secured on the car- it maybe relevant but I am sure others will explain

How much are they claiming (roughly )

I am assuming this is a small claim ( i.e under 10,000 and a 'simple' matter)