**DISCONTINUED** Claim for Statute Barred debt recieved 07Aug 2017

[eiggy]

Hi

I'm looking for some help as I have received a claim form the CC. The Claimant is Hoist Portfolio and the debt is for approximately £2500. I acknowledged the claim and will send a CPR request today (11/08/2017). I believe the debt to be Statute Barred as the default was issued in February 2010 and I have not made any payment.

The particulars of the claim.
This claim is for the sum of £2500 in respect of monies owing under an Agreement with the account no. 4929 **** **** **** pursuant to The Consumer Credit Act 1974 (CAA).
The debt was legally assigned and notice has been served. The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87 (1) CCA.
The Claimant claims
1.The sum of £2500
2. Costs

Would appreciate any advice with this. Thanks.

[eiggy]

Re: Claim for Statute Barred debt recieved 07Aug 2017

Some more info.

MKDP had the debt until it was assigned to Hoist/Robinson Way in Oct 2015.

MKDP were unable to reply to my CCA request so I made a new request to Robinson way back in 2015. They replied to my request in May 2017, 2 years later! They sent a few copy's of account statements a one page unsigned agreement and two pages of conditions. (Reconstituted?).

I made a SAR request to Barclays in 2015 and the replied with statements etc. Included was a copy of an application for a Barclays Premiership card signed by me, its one page and contains no terms and conditions. Worth noting that I never had a Premiership card it was just a standard one.

I also sent a Statute Barred letter to Robinson Way (11/08/17).

Robinson Way checked my credit file in 2015 and wrote to me about recent activity and payments made to other creditors. Are they allowed do that? The search reason is marked as debt collection.

[Diana M]

Re: Claim for Statute Barred debt recieved 07Aug 2017

I also sent a Statute Barred letter to Robinson Way (11/08/17).

Do you mean that you sent a Statute Barred letter to Robinson Way after you received the claim form on 7th August (i.e. thread title)?

I'm only trying to establish whether your SB letter could be considered as your Defence (if sent after the claim was issued) because my firm has recently dealt with a case where the solicitors forwarded a similar letter to the court on the Defendant's behalf (unbeknown to them) so we then had to file an Amended Defence to cover all the relevant legal arguments in case the SB one failed.

Are the solicitors Howard Cohen?

Di

[eiggy]

Re: Claim for Statute Barred debt recieved 07Aug 2017

Just found a copy of my CCA request made to MDKP, it was in 2013. They did not comply so I sent an account in dispute letter afterwards. There's lots of unable to comply letters until March 2014 when I receive a notice of intended legal action form Keynes Collections then 3 letters from Raven Recoveries in monthly succession the last in June 2014. MDKP assigned my disputed account to Robinson Way in October 2015, I must have made a CCA request to Robinson Way because all I have from then till now is unable to comply letters.

I guess their going after judgement on the back of some reconstituted conditions and some statements. Could they be holding back? Is there anything they might have that will go against me.

[eiggy]

Re: Claim for Statute Barred debt recieved 07Aug 2017

Do you mean that you sent a Statute Barred letter to Robinson Way after you received the claim form on 7th August (i.e. thread title)?

I'm only trying to establish whether your SB letter could be considered as your Defence (if sent after the claim was issued) because my firm has recently dealt with a case where the solicitors forwarded a similar letter to the court on the Defendant's behalf (unbeknown to them) so we then had to file an Amended Defence to cover all the relevant legal arguments in case the SB one failed.

Are the solicitors Howard Cohen?

Di

Hi

Thanks for your reply. Yes I sent the SB letter after I received the claim.

I added some more info and was typing as you posted so apologies if the thread looks a bit jumbled.

[eiggy]

Re: Claim for Statute Barred debt recieved 07Aug 2017

Sorry, yes Solicitors are HC.

[Diana M]

Re: Claim for Statute Barred debt recieved 07Aug 2017

Yes I sent the SB letter after I received the claim.

What exactly did you say in your letter sent after the claim was received (don't reveal any personal details on the forum)?

The thing is now that you've told them you'll be effectively pleading SB this means they'll immediately start searching/sourcing evidence to disprove your argument.

Di

[eiggy]

Re: Claim for Statute Barred debt recieved 07Aug 2017

What exactly did you say in your letter sent after the claim was received (don't reveal any personal details on the forum)?

The thing is now that you've told them you'll be effectively pleading SB this means they'll immediately start searching/sourcing evidence to disprove your argument.

Di

Dear Sir/Madam

Re: Account Number:

No debt is acknowledged to your company yet you have contacted me regarding the above account.

As I am sure you are aware, under the Limitation Act 1980, s.5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued."

No correspondence/payment/acknowledgement of this debt has been made within the last six years and accordingly unless you can provide evidence of payment or written contact from me in the relevant period under s.5 of the Limitation Act 1980, I suggest that you are no longer able to take any court action against me to recover any alleged amount claimed.

Furthermore, the FCA Consumer Credit Sourcebook (section 7.15) states that "Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." and that ''A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.''

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your early reply.

- - - Updated - - -

CPR letter to HC.
Request for documents mentioned in a statement of case under CPR 31.14
On 10/08/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence, I require inspection of documents you mention in your statement of case ahead of filing my defence on 28/08/2017.
1. Agreement
2. Default Notice
3. Assignment

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.
I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
I look forward to hearing from you.



- - - Updated - - -

Couldn't have sent either without without the help of the form, so thanks.

Any thoughts on the assignment of my debt to RW when it was in dispute with MKDP?

[eiggy]

Re: Claim for Statute Barred debt recieved 07Aug 2017

Just heard back from Robinson Way about my Statute Barred claim.

The said it's not as a payment was made in March 2013 - Lie

I have collection letters from 2012 with a balance which is that has not changed and is the amount on the claim.

What should be my next move?

[eiggy]

Re: Claim for Statute Barred debt recieved 07Aug 2017

Need to submit my defence soon and am looking for some advice on this, thanks.

[warwick65]

Re: Claim for Statute Barred debt recieved 07Aug 2017

Does the payment could code with your cca request to mkdp?

Wouldn't be the first time a cca fee has been credited.

[eiggy]

Re: Claim for Statute Barred debt recieved 07Aug 2017

Does the payment could code with your cca request to mkdp?

Wouldn't be the first time a cca fee has been credited.

Hi and thanks for your reply. I was a bit worried about that so I've done some digging.

RW say the default date was the 2nd September 2010 and a payment was made no the 31st March 2013.

I have a copy of the default notice from Barclaycard dated the 18th February 2010.

A notice of assignment from Barclaycard to MKDP dated the 27th July 2012 for £2500.

A copy of my CCA request to MKDP dated the 27th of March 2013. Balance £2500.

Lots of letters later the balance is still £2500 so I guess RW have seen I made a CCA request in March 2013 and are using that as me having made payment to the account?

The balance is still the same today as it was when it defaulted so I assume its safe to peruse the SB option. Should I say in my defence that I have evidence that no payment has been made? I need to put a defence in within the next few days.

Thanks for any advice anyone can offer.

[warwick65]

Re: Claim for Statute Barred debt recieved 07Aug 2017

Hi
It seems likely to me at any rate that the cca request made on the 27th included a fee which RW credited to your account.

This would be the assertion you would enter in your defence

A judge would look on balance of probabilities

To me if it looks like a dog and barks like a dog it probably is a dog
[MENTION=5553]charitynjw[/MENTION] [MENTION=87380]Diana M[/MENTION] [MENTION=6]Amethyst[/MENTION]

Would you tend to agree or disagree?

[nemesis45]

Re: Claim for Statute Barred debt recieved 07Aug 2017

Robinson Way have a history of crediting CCA request fees to the alleged debt.

nem

[Diana M]

Re: Claim for Statute Barred debt recieved 07Aug 2017

CPR letter to HC.
Request for documents mentioned in a statement of case under CPR 31.14
On 10/08/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence, I require inspection of documents you mention in your statement of case ahead of filing my defence on 28/08/2017.

What is the Issue Date on the claim form because in your CPR 31.14 Request to Howard Cohen you refer to filing your Defence on 28th August?

In post # 2 you say that you have been sent a Barclaycard application form and Ts & Cs in response to your previous CCA Request to Robinson Way in 2015.

You speculated that they may be reconstituted documents but that doesn't necessarily mean that they haven't complied with your s.78 CCA Request which is for 'information' purposes not 'proof ' purposes' (whether the documents are honest and accurate recons is a different legal argument).

I made a new request to Robinson way back in 2015. They replied to my request in May 2017, 2 years later! They sent a few copy's of account statements a one page unsigned agreement and two pages of conditions. (Reconstituted?).

I made a SAR request to Barclays in 2015 and the replied with statements etc. Included was a copy of an application for a Barclays Premiership card signed by me, its one page and contains no terms and conditions.

I think you need to focus on all your potential legal arguments in case pleading Statute Barred isn't successful.

When was the last payment made by you and to whom did to pay it? You say you received a DN in 2010 but did you make any payments after that and when was the account actually defaulted by Barclaycard (the 'defaulted' date and the DN date are not the same thing)?

Di