Tweet
Hi all, wish I had found this site sooner, but here goes,
9 June 2016 received claim form issued 7 June 2016 at Northampton.
Claimant: Hoist Portfolio
Solicitor: Howard Cohen
Original Creditor: Lloydstsb
Claim is for sum of £4675.48 in respect of monies owing under an Agreement with the account no.**************** pursuant to The Consumer Credit Act etc. etc.
15 June 2016: CAB advised debt was statute barred and sent defence of claim stating as such and that the last payment was made on the 23 April 2010.
After reading things on this site I realise I should have been sending CCA and CPR requests but CAB didn't mention anything about that.
26 September 2016: Notice of Small Claims Track Allocation. Went to CAB again and they advised to accept hearing in court, no advice about mediation.
10 October 2016: Exchanged N180 Direction Questionnaires with Claimant.
9 November 2016: CAB advised to send Limitation Act letter which I did but of course no response, also to try mediation which I started to do but pulled out when I realised I didn't have enough information on what documents the Claimant has.
So now I am left with a Statement of Case to compile to be sent to the Court and Claimant by 14 December 2016. With the Court Hearing on 3 January 2017.
The last payment on the Credit Card was made on 23 April 2010, the first missed payment ('to reach your account by date') was 3 June 2010, so I am taking that date as the 'cause of action-breach of contract' date. With the claim form issued on 7 June 2016 do I stand any chance?
9 June 2016 received claim form issued 7 June 2016 at Northampton.
Claimant: Hoist Portfolio
Solicitor: Howard Cohen
Original Creditor: Lloydstsb
Claim is for sum of £4675.48 in respect of monies owing under an Agreement with the account no.**************** pursuant to The Consumer Credit Act etc. etc.
15 June 2016: CAB advised debt was statute barred and sent defence of claim stating as such and that the last payment was made on the 23 April 2010.
After reading things on this site I realise I should have been sending CCA and CPR requests but CAB didn't mention anything about that.
26 September 2016: Notice of Small Claims Track Allocation. Went to CAB again and they advised to accept hearing in court, no advice about mediation.
10 October 2016: Exchanged N180 Direction Questionnaires with Claimant.
9 November 2016: CAB advised to send Limitation Act letter which I did but of course no response, also to try mediation which I started to do but pulled out when I realised I didn't have enough information on what documents the Claimant has.
So now I am left with a Statement of Case to compile to be sent to the Court and Claimant by 14 December 2016. With the Court Hearing on 3 January 2017.
The last payment on the Credit Card was made on 23 April 2010, the first missed payment ('to reach your account by date') was 3 June 2010, so I am taking that date as the 'cause of action-breach of contract' date. With the claim form issued on 7 June 2016 do I stand any chance?
mashappy:
Comment