Statute barred?...Claim form from county court business centre

[Sgillbert]

Hi everyone, I'm hoping someone can help me out with my county court claim form

i had the letter Friday morning the claimant is arrow global for a debt of £435 assigned to them on may 13th 2011. I don't believe I've ever made a payment to them but is there a way I can check for sure? Before I defend using statute barred?

Also what do I write on the form for my defence?

I hope i make some sense im rubbish with this type of thing.

TIA
Sarah xx

[charitynjw]

Re: Statute barred?...Claim form from county court business centre

Hi Sarah

What is the alleged debt for? (Credit card, bank account, mobile 'phone etc.).

& have you acknowledged the court claim form yet?

[Sgillbert]

Re: Statute barred?...Claim form from county court business centre

Thought I should add the particulars of claim, here's what it says.

the claimant claims payment of the overdue balance from the defendant under a contract between the defendant and shop direct
dated on or about July 28th 2003 and assigned to the claimant on may 13 2011

particulars acc number ...
date - 15/05/2017
item - default balance
value 435.52

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hi it's shop direct so catalogue debt
thanks for your reply x

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Hi Sarah

What is the alleged debt for? (Credit card, bank account, mobile 'phone etc.).

& have you acknowledged the court claim form yet?

hi it's shop direct so catalogue I believe....thank you for your reply x

[charitynjw]

Re: Statute barred?...Claim form from county court business centre

& have you acknowledged the court claim form yet?

[Sgillbert]

Re: Statute barred?...Claim form from county court business centre

Yes I've acknowledged the claim form x

[Amethyst]

Re: Statute barred?...Claim form from county court business centre

Despite believing this is statute barred ( and sounds like it is if you never paid Arrow and they've owned it since May 2011 ) I'd still send off a CCA request as well - Shop Direct didn't exist in 2003 so presumably this was Littlewoods or some such orginally ?

[Sgillbert]

Re: Statute barred?...Claim form from county court business centre

Despite believing this is statute barred ( and sounds like it is if you never paid Arrow and they've owned it since May 2011 ) I'd still send off a CCA request as well - Shop Direct didn't exist in 2003 so presumably this was Littlewoods or some such orginally ?

Yes i I believe it was littlewoods.... what is CCA please? Thank you x

[Amethyst]

Re: Statute barred?...Claim form from county court business centre

|| CCA Request Letter

It's a formal request asking them to provide a copy of the original agreement and terms ( which if it was littlewoods are very unlikely to exist ) - if they can't comply then they cannot obtain a judgment against you. so it's quite useful to send as backup just in case your statute barred defence falls away xxx

[charitynjw]

Re: Statute barred?...Claim form from county court business centre

http://legalbeagles.info/library/gui...y-court-claim/

It would be wise to also send a SAR to Shop D.
http://legalbeagles.info/library/gui...ccess-request/

[Sgillbert]

Re: Statute barred?...Claim form from county court business centre

|| CCA Request Letter

It's a formal request asking them to provide a copy of the original agreement and terms ( which if it was littlewoods are very unlikely to exist ) - if they can't comply then they cannot obtain a judgment against you. so it's quite useful to send as backup just in case your statute barred defence falls away xxx

you guys are worth your weight in gold! So I send the letter and do I issue a copy to the court with my defence claim? Also I'm not sure how I even need to word it, am I going to need a solicitor?

thank you so much xx

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http://legalbeagles.info/library/gui...y-court-claim/

It would be wise to also send a SAR to Shop D.
http://legalbeagles.info/library/gui...ccess-request/

Thank you,
Do they charge for sending the info? X

[charitynjw]

Re: Statute barred?...Claim form from county court business centre

£10 fee with SAR. (To Shop D)
£1 fee with CCA request. (To AG)
No fee for CPR 31.13 (To AG's solicitors)

Keep copies.
Get proof of posting

[Amethyst]

Re: Statute barred?...Claim form from county court business centre

Have a read through the first steps bitty here - should shine a light a little xxx

Check your dates || First Steps || Acknowledge a Claim || Example Defence || CCA Request Letter || CPR 31.14 Request Letter |||| Subject Access Request Letter

[Sgillbert]

Re: Statute barred?...Claim form from county court business centre

Have a read through the first steps bitty here - should shine a light a little xxx

Check your dates || First Steps || Acknowledge a Claim || Example Defence || CCA Request Letter || CPR 31.14 Request Letter |||| Subject Access Request Letter

I hadnt thank you..very helpful �� Xxx

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£10 fee with SAR. (To Shop D)
£1 fee with CCA request. (To AG)
No fee for CPR 31.13 (To AG's solicitors)

Keep copies.
Get proof of posting

thank you, and yes I'll get proof of posting... very wise xx

[warwick65]

Re: Statute barred?...Claim form from county court business centre

Hi
Can you just confirm the date on the claim form please

I see you have acknowledged the claim online so you now have 33 days from the date on the claim form to get a defence in.

I know you believe it is SB but I would add whatever you can to the defence so depending on what comes back from your CCA request it may include
Non compliance with CCA request
Proof a compliant S87(1) Defaulkt notice was issued
Prrof that a NOA was received
Proof of any assignment between Littlewoods to SD to AG
Andof course SB

[Sgillbert]

Re: Statute barred?...Claim form from county court business centre

Hi
Can you just confirm the date on the claim form please

I see you have acknowledged the claim online so you now have 33 days from the date on the claim form to get a defence in.

I know you believe it is SB but I would add whatever you can to the defence so depending on what comes back from your CCA request it may include
Non compliance with CCA request
Proof a compliant S87(1) Defaulkt notice was issued
Prrof that a NOA was received
Proof of any assignment between Littlewoods to SD to AG
Andof course SB

hi it's dated 13th September, I'm going to send for the info needed and then I'll come back for more advice as you all have been great xxx