Seeking help on defending CCJ based on debt being statute barred

[Ciampa]

Hi,

First time post & was advised to post here to be redirected to the right place.

Have recently received CCJ forms for a debt that I am certain is statute barred. I have acknowledged service & confirmed I intend to defend it.

I had intended to just use some standard wording advising that I believe the debt is statute barred - but having searched for wording to use I have seen people mention making CCA & CPR requests first.

Should I be making these requests & following a set process? I have the Default notice, Notice of Assignment, & bank statements that show when payment was last made, but it was my understanding that the onus is on the creditor to prove that the debt isn't statute barred? I'm not sure how detailed the defence is supposed to be & am concerned that if I get this wrong then the judgement will be granted.

Happy to provide further info if required, any assistance greatly appreciated.

Thanks

[MIKE770]

give information what type debt it is and all you know about it so we get an idea of the real situation last payment./ acknowledged etc etc, default date where you live england/scotland.

[echat11]

Make a note of the date the Defence needs to be filed, so that's 14 + 14 days, plus 5 days post, but get the Defence completed within 28 days.

So update the thread with what they've sent within 25 days.

[Ciampa]

give information what type debt it is and all you know about it so we get an idea of the real situation last payment./ acknowledged etc etc, default date where you live england/scotland.

Thank you for your reply.

I live in England. This was a credit card from a major high street bank - later purchased by the claimant.

The agreement defaulted in July 2015 - following some challenging personal circumstances. Last payment had been made 2 months prior.

No written correspondence with the lender at any point & no correspondence of any kind with the debt purchaser.

There is a further piece of relevant information that I don't want to leave out - but slightly concerned about posting on a public forum & the possibility of this being picked up - is it possible to message this directly at all?

Particulars of claim:

By an agreement between ****** & the defendant on or around ****** (The agreement)

******** agreed to issue the defendant with a credit card. The defendant failed to make the minimum payments due.

The agreement was terminated following the service of a default notice. The agreement was assigned to the claimant.

The claimant therefore claims 1. £**** 2. Costs

[echat11]

Thank you for your reply.

I live in England. This was a credit card from a major high street bank - later purchased by the claimant.

The agreement defaulted in July 2015 - following some challenging personal circumstances. Last payment had been made 2 months prior.

No written correspondence with the lender at any point & no correspondence of any kind with the debt purchaser.

There is a further piece of relevant information that I don't want to leave out - but slightly concerned about posting on a public forum & the possibility of this being picked up - is it possible to message this directly at all?

Particulars of claim:

By an agreement between ****** & the defendant on or around ****** (The agreement)

******** agreed to issue the defendant with a credit card. The defendant failed to make the minimum payments due.

The agreement was terminated following the service of a default notice. The agreement was assigned to the claimant.

The claimant therefore claims 1. £**** 2. Costs

Everything needs to be posted on the forum, otherwise it defeats the object of having a forum. If your Defence is that it's statute barred debt, there really isn't anything that can detract from that.

[Ciampa]

Everything needs to be posted on the forum, others it defeats the object of having a forum. If your Defence is that it's statute barred debt, there really isn't anything that can detract from that.

That's a fair point.

Perhaps just over cautious.

Do I still need to send off the information requests (CCA & CPR)? Will a statement that I believe the debt to be statute barred be a sufficient defence?

How much detail do I need to go into?

[echat11]

That's a fair point.

Perhaps just over cautious.

Do I still need to send off the information requests (CCA & CPR)? Will a statement that I believe the debt to be statute barred be a sufficient defence?

How much detail do I need to go into?

Post what you feel comfortable posting, if there's not enough detail, we'll ask for more detail.

[Ciampa]

Post what you feel comfortable posting, if there's not enough detail, we'll ask for more detail.

Apologies for the late response, I really struggle to deal with things like this & I put things off & make it worse.

All the main details are in the post above - wording of the creditor claim, default date, type of credit etc.

The card was utilised & managed well over a few years & then things started to go wrong in my personal life.

I don't want to go into too much detail but I suffered a number of difficult situations at the same time - redundancy, a medical diagnosis, an abusive relationship & divorce, having to move to a new city starting again with nothing, & not seeing my children. This led to serious financial issues, being isolated from friends & family, fighting for access to my children, sofa surfing, & ultimately coming close to if not experiencing a full breakdown.

I tried my best to avoid the account defaulting but I had other debts as well & was paying maintenance via the CSA.

I just wasn't in any position to pay & had to prioritise my health & priority bills, with the account defaulting in July 2015.

Over a period of 6 months or so I got back on my feet to a degree, was working & receiving counselling & had a stable place to live, albeit starting over with no furniture, white goods, carpets etc. I still wasn't in any position to make any payments. The creditor was initially sympathetic & noted the situation & vulnerability. The account was closed & they advised they had put a hold on any further action. Things took a turn for the worse when in 2016 they took 4 payments from a savings account in a 8 month period. I had used the account to transfer some of my wages across when I had been utilising payday loans during a particularly bad spell. They refunded these payments but then took further payments the following 4 months. They advised this was done in error & these payments were also refunded. All of these transactions are evidenced on bank statements. They also sent me a cheque for around £60 having reviewed what had happened & the way it was handled.

I heard nothing from them for a while & they went ahead & sold the debt without any further correspondence. I have not corresponded with the purchaser by phone or in writing, the debt defaulted 7 years ago & I've made no payments for over 7 years. I wanted to mention the payments taken in error & refunded because I didn't want to leave anything out that I might need to mention when defending this.

So now I'm looking to defend this & put it behind me but I'm worried if I don't get it right then things will get a whole lot worse & escalate again.

I'd be extremely grateful for some basic wording to use, what to say / not to say & whether the request letters mentioned previously are important - given that I have most of the relevant info / dates.

[echat11]

Don't panic, do stay calm.

We should ask for more details, but I think we may have enough.

You've Acknowledged Service online, so you get 14 + 14 days, plus 5 days post, but get the Defence completed within 28 days (the clock starts ticking from the date on the claim form, mark that in your diary).

a) Send their solicitors a CPR 31.14 Request, they have 12 days to provide documents they are relying to make the claim.
Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

b) Send the original creditor a SAR for the accounts, they have 30 days to provide all the details on the account.
Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

To use statute barred as your defence, you need to be clear on the dates.

When was the account open?
When was the last payment?
when was the last written communication from you to them?
What's the date on the Default Notice?

c) This is an example defence which needs to be amended correctly, it covers statute barred defences - you can start filling in some details

https://legalbeagles.info/library/gu...-court-claims/

[Ciampa]

Don't panic, do stay calm.

We should ask for more details, but I think we may have enough.

You've Acknowledged Service online, so you get 14 + 14 days, plus 5 days post, but get the Defence completed within 28 days (the clock starts ticking from the date on the claim form, mark that in your diary).

a) Send their solicitors a CPR 31.14 Request, they have 12 days to provide documents they are relying to make the claim.
Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

b) Send the original creditor a SAR for the accounts, they have 30 days to provide all the details on the account.
Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

To use statute barred as your defence, you need to be clear on the dates.

When was the account open?
hen was the last payment?
when was the last written communication from you to them?
What's the date on the Default Notice?

c) This is an example defence which needs to be amended correctly, it covers statute barred defences - you can start filling in some details

https://legalbeagles.info/library/gu...-court-claims/

Thank you so much for another prompt response.

I'm in a bit of a mess date wise because I have worked out the 14 + 14 is up tomorrow - I went about everything all wrong - trying to find the documents & get evidence of when I made the last payment etc - before going on line to research what to do & ask for help. Can I file the defence online like I did with the acknowledgement? If I can do it that way - am I allowed to use a couple of the extra 5 days or do I need to submit tomorrow?

I'm now worried that it says the letters should have been sent ASAP after receiving the claim - I didn't know if I needed them or really understand them.

I can send the letters tomorrow & get proof of postage. How do I pay the £1 fee mentioned please?

I have looked through the example defence - most of it I get but if I can check a few things please?

So at Part:

4) I admit taking the card as I know this to be true.

7) is my main defence - do I have to add any details or is it enough to say that I believe it to be Statute Barred?

8) I know they sold the debt but can't find a copy of the NOA so leave as is?

9) I do have a copy of the Default Notice but that says I. deny receiving it?

13) It says the claimant has failed to comply with sections of CCA - does this relate to not providing the documents?

14) The claimant won't have had time to respond re: a time extension - do I just remove 'but they have declined' ?

With the dates mentioned - the claimant has given an 'on or around' date for the credit being taken - this seems about right - I feel I may have taken it prior to the date given - I haven't managed to find the original agreement. I have the last payment date - I have a screen shot from my online banking. I have the default date as I have the notice. I have never written to them at any stage - or communication re: the debt & personal issues was by phone.

If I complete the defence tomorrow & post the letters do I still have a chance?

Thank you again

[echat11]

a) Can I file the defence online like I did with the acknowledgement? If I can do it that way - am I allowed to use a couple of the extra 5 days or do I need to submit tomorrow?

You can file it online via MCOL.

b) I'm now worried that it says the letters should have been sent ASAP after receiving the claim - I didn't know if I needed them or really understand them.

The letters are important as they provide information regards your defence and case going forward.

c) I can send the letters tomorrow & get proof of postage. How do I pay the £1 fee mentioned please?

Good, you pay the £1 with a postal order.

I have looked through the example defence - most of it I get but if I can check a few things please?

So at Part:

4) I admit taking the card as I know this to be true.

Correct. But not that wording.

7) is my main defence - do I have to add any details or is it enough to say that I believe it to be Statute Barred?

The example defence is very straightforward, if you were required to add words, then it would have been stated.

8) I know they sold the debt but can't find a copy of the NOA so leave as is?

If they sent it, you would have a copy, but you don't.

9) I do have a copy of the Default Notice but that says I. deny receiving it?

Change 'denied' to 'admitted', but the default notice and protocols regards it need to be compliant.

13) It says the claimant has failed to comply with sections of CCA - does this relate to not providing the documents?

Yes.

14) The claimant won't have had time to respond re: a time extension - do I just remove 'but they have declined' ?

Remove all of (14), regards 'time extension'.

With the dates mentioned - the claimant has given an 'on or around' date for the credit being taken - this seems about right - I feel I may have taken it prior to the date given - I haven't managed to find the original agreement. I have the last payment date - I have a screen shot from my online banking. I have the default date as I have the notice. I have never written to them at any stage - or communication re: the debt & personal issues was by phone.

Providing no payment or communications has been made in the last 6 years, the debt is statute barred.

What's the date on the default notice?

If I complete the defence tomorrow & post the letters do I still have a chance?

Yes

Just to add that you are signing a Statement of Truth, so your answers has to be true.

[Ciampa]

a) Can I file the defence online like I did with the acknowledgement? If I can do it that way - am I allowed to use a couple of the extra 5 days or do I need to submit tomorrow?

You can file it online via MCOL.

b) I'm now worried that it says the letters should have been sent ASAP after receiving the claim - I didn't know if I needed them or really understand them.

The letters are important as they provide information regards your defence and case going forward.

c) I can send the letters tomorrow & get proof of postage. How do I pay the £1 fee mentioned please?

Good, you pay the £1 with a postal order.

I have looked through the example defence - most of it I get but if I can check a few things please?

So at Part:

4) I admit taking the card as I know this to be true.

Correct. But not that wording.

7) is my main defence - do I have to add any details or is it enough to say that I believe it to be Statute Barred?

The example defence is very straightforward, if you were required to add words, then it would have been stated.

8) I know they sold the debt but can't find a copy of the NOA so leave as is?

If they sent it, you would have a copy, but you don't.

9) I do have a copy of the Default Notice but that says I. deny receiving it?

Change 'denied' to 'admitted', but the default notice and protocols regards it need to be compliant.

13) It says the claimant has failed to comply with sections of CCA - does this relate to not providing the documents?

Yes.

14) The claimant won't have had time to respond re: a time extension - do I just remove 'but they have declined' ?

Remove all of (14), regards 'time extension'.

With the dates mentioned - the claimant has given an 'on or around' date for the credit being taken - this seems about right - I feel I may have taken it prior to the date given - I haven't managed to find the original agreement. I have the last payment date - I have a screen shot from my online banking. I have the default date as I have the notice. I have never written to them at any stage - or communication re: the debt & personal issues was by phone.

Providing no payment or communications has been made in the last 6 years, the debt is statute barred.

What's the date on the default notice?

If I complete the defence tomorrow & post the letters do I still have a chance?

Yes

Just to add that you are signing a Statement of Truth, so your answers has to be true.

Thank you, that's really helpful, especially the way it was laid out.

So today I sent the letters & got proof of postage. I drafted the defence but when it came to parts 10 & 12 (advising on the letters sent) I got confused - part 10 is the request to the Solicitor to view the docs mentioned in the claim (Agreement, Default Notice, Assignment), this letter states that a request for the agreement has been sent to the creditor & a copy is enclosed. So I enclosed a copy of the SAR letter.

Part 12 says I requested the copy of the agreement (with the £1 payment) - but I sent the SAR letter asking for all account info. It looks like there is another letter (CCA letter I think) which is to ask for the agreement with £1 fee - I didn't send this one, am I covered with what I've sent? As I've asked the Solicitor to see the agreement (as well as the other 2 docs) & the creditor for all info. Do I need to amend Part 12 to say I sent the SAR letter? I hope this makes sense.

Should I post the defence for review before sending via MCOL? I have checked the statement & I believe it to all be true - do I have to sign it with a proper signature & scan it or is it fine to type it? Finally the Default date was July 2015 - so almost 7 years.

Thank you

[echat11]

a)So today I sent the letters & got proof of postage. I drafted the defence but when it came to parts 10 & 12 (advising on the letters sent)

Good, so you sent off the CPR and SAR requests?

b) I got confused - part 10 is the request to the Solicitor to view the docs mentioned in the claim (Agreement, Default Notice, Assignment), this letter states that a request for the agreement has been sent to the creditor & a copy is enclosed. So I enclosed a copy of the SAR letter.

The Defence is amended to suit your circumstances, if you are claiming statute barred, then the 'unenforceability' of the agreement doesn't make much sense. So parts that refer to the CCA 1974 are removed from the Defence.

In total you should only sent two documents i.e. CPR and SAR.


c) Part 12 says I requested the copy of the agreement (with the £1 payment) - but I sent the SAR letter asking for all account info. It looks like there is another letter (CCA letter I think) which is to ask for the agreement with £1 fee - I didn't send this one, am I covered with what I've sent? As I've asked the Solicitor to see the agreement (as well as the other 2 docs) & the creditor for all info. Do I need to amend Part 12 to say I sent the SAR letter? I hope this makes sense.

The CPR and SAR should provide what they may have regards agreements. So no need to request a CCA request.

d) Should I post the defence for review before sending via MCOL? I have checked the statement & I believe it to all be true - do I have to sign it with a proper signature & scan it or is it fine to type it? Finally the Default date was July 2015 - so almost 7 years.

Yes post it up before you send it, remove all personal / ref numbers. You are o.k. typing it. Send the Court a hard copy of Defence with a proper signature. Don't forget to send their solicitors a copy, make sure you get Proof of Postage.

[Ciampa]

a)So today I sent the letters & got proof of postage. I drafted the defence but when it came to parts 10 & 12 (advising on the letters sent)

Good, so you sent off the CPR and SAR requests?

b) I got confused - part 10 is the request to the Solicitor to view the docs mentioned in the claim (Agreement, Default Notice, Assignment), this letter states that a request for the agreement has been sent to the creditor & a copy is enclosed. So I enclosed a copy of the SAR letter.

The Defence is amended to suit your circumstances, if you are claiming statute barred, then the 'unenforceability' of the agreement doesn't make much sense. So parts that refer to the CCA 1974 are removed from the Defence.

In total you should only sent two documents i.e. CPR and SAR.


c) Part 12 says I requested the copy of the agreement (with the £1 payment) - but I sent the SAR letter asking for all account info. It looks like there is another letter (CCA letter I think) which is to ask for the agreement with £1 fee - I didn't send this one, am I covered with what I've sent? As I've asked the Solicitor to see the agreement (as well as the other 2 docs) & the creditor for all info. Do I need to amend Part 12 to say I sent the SAR letter? I hope this makes sense.

The CPR and SAR should provide what they may have regards agreements. So no need to request a CCA request.

d) Should I post the defence for review before sending via MCOL? I have checked the statement & I believe it to all be true - do I have to sign it with a proper signature & scan it or is it fine to type it? Finally the Default date was July 2015 - so almost 7 years.

Yes post it up before you send it, remove all personal / ref numbers. You are o.k. typing it. Send the Court a hard copy of Defence with a proper signature. Don't forget to send their solicitors a copy, make sure you get Proof of Postage.

Thank you so much.

Yes, the CPR & SAR requests. I've amended things as best I know how with the help of the info provided.

Please see the draft defence below, will be incredibly grateful for any amendments or comments - if I send it this weekend then I'm still just within time. The date received in the defence takes account of the postage days.

Once again thank you, I would be lost without your help:


In the Northampton County Court Business Centre

Claim No: [XXXXX]

[Claimants Name]

Claimant

And

[Defendants Name]

Defendant

DEFENCE

1.The Defendant received the claim [Claim Number] from the Northampton County Court Business Centre on 21st June 2022.

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

3.This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with [Original Creditor /Claimant] for provision of credit.

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 Claimant’s Particulars of Claim states the agreement was entered into on or around *Date*

7. The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years.

8.The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] with no date provided. The Defendant does not recall receiving notice of this assignment.

9.The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

10.On the 14th July 2022 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to [Claimant’s Solicitor]. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

11. None of these documents have been received by the Defendant.

12.On the 14th July 2022 The Defendant sent a Subject Access Request to (claimant) to request copies of all information held.

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.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his 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

I believe that the facts stated in this document are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.




Signed ________________________________

Dated ________________________________

[Ciampa]

Is there anything that needs changing please or is this all ok? I have to file tomorrow.
Thank you