Court Proceedings from very old debt

[optispart]

Hi Have received a claim for from Northampton county court PLEASE can I appeal for some guidance as i am going to defend this claim...

Received a claim? Yes
Issue Date:02/05/2024
Have you Acknowledged the Claim : yes on 10/05/2024
Total Amount Claimed : 3842.06
Claimant’s Name: LC ASSET 2 S.A.R.L
Solicitors Firm: KEARNS SOLICITORS
Original Creditor: INTRUM UK FINANCE before that Lloyds TSB
Original Debt : overdraft
Particulars of Claim: the claimant claims all sums due upon the termination of an agreement regulated by the consumer credit act 1974 open on or around 05/10/2011. The agreement was terminated after defendant had failed to comply with the terms of the agreement and default notice was served upon them by 05/10/2011 a default was recorded. The agreement was originally assigned to Intrum UK finance Limited and was then legally assigned to the claimant by way of deed assignment with an effective date 05/01/2023 and made regular upon the claimant serving a notice of assignment upon the defendant shortly thereafter, and the claimant claims - 1 3,500.0 2. Fees and costs date 02/05/2024
Is the debt Statute Barred : UNSURE I THINK YES
List any letters you have sent : none i need to do this ASAP
Any Other Information or Background Details: Some extra details where I need some guidance I am almost certain I have not paid anything on this debt between 2011-2019 making it Statute barred I then acknowledged in 2019 as I wanted to start paying it down as i knew it was UNENFORCEABLE but i still wanted to begin clearing this debt! i stopped paying again shortly after due to my wife losing her job. Kearns solicitor's are adamant this debt is not statute barred due to the 2019 payment.. but National debt line have told me once a debt is statute barred ( limitation's act 1980) it cant then be come enforceable again AFTER the 6 year by way of payment or acknowledgment. i have asked Kearns on the phone for any statements or proof of payment from before 2019 they haven't got them and have told me it will take weeks to get this information putting me past 28 days of judgement.. I hope this makes sense. I will need to send CCA request today where do I send? Kearns or LC ASSET or both?? many thanks and thanks for the reading!!!!!

[optispart]

Hi i would like to add the following i have done today,
my name
12345
adress

12/05/2024

xxxx
xxxxx
xxxxxx


Dear Sirs,

Claim Number: xxxx
Request for documents mentioned in a statement of case under CPR 31.14
On 08/05/2024 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 and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 17/05/2024

1. Original credit agreement
2. Default Notice
3. Notice of 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.
For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 13/05/2024.
I look forward to hearing from you.
Yours sincerely
my name

[echat11]

Hi OPTISPART

Welcome of LB

a) Send a SAR request to Lloyds TSB, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

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

b) You've sent the CPR 31.14 request.

c) This is an example Defence, start looking at it, don't file it with the Court or their solicitors yet.

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

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

[optispart]

thanks VERY much for your response I certainly will keep this updated.

Regards SAR Lloyds TSB is no longer in business they "separated" a few years ago.. the next port of call would maybe be INTRUM LTD who purchased the debt from Lloyds TSB or shall i try sending it to Lloyds bank?

many thanks

[echat11]

thanks VERY much for your response I certainly will keep this updated.

Regards SAR Lloyds TSB is no longer in business they "separated" a few years ago.. the next port of call would maybe be INTRUM LTD who purchased the debt from Lloyds TSB or shall i try sending it to Lloyds bank?

many thanks

Send it to Lloyds bank.

[optispart]

Morning,

SAR now sent to Lloyds I have sent online saved and printed copy of form that has been successfully sent.
is it worth me also using the template and sending a posted signed for copy?

many thanks

[echat11]

Morning,

SAR now sent to Lloyds I have sent online saved and printed copy of form that has been successfully sent.
is it worth me also using the template and sending a posted signed for copy?

many thanks

I would wait for a response, once should be sufficient.

[optispart]

I would wait for a response, once should be sufficient.

thanks for your reply I will do that.

the CCA request and CPR 31.14 request have both been signed for today so see what happens.

Am I correct in thinking if they cannot produce the requested information this would be enough in my defence as per the template defence?

Instead of trying to also prove the 6 years was already up before the 2019 payments?
I would even be happy to offer a repayment plan to them if it is unenforceable,
just don't want the CCJ after a good few years of getting my credit file fixed! keeping me up at night! :/

[echat11]

thanks for your reply I will do that.

the CCA request and CPR 31.14 request have both been signed for today so see what happens.

Am I correct in thinking if they cannot produce the requested information this would be enough in my defence as per the template defence?

Instead of trying to also prove the 6 years was already up before the 2019 payments?
I would even be happy to offer a repayment plan to them if it is unenforceable,
just don't want the CCJ after a good few years of getting my credit file fixed! keeping me up at night! :/

The best thing to do is wait, see what they respond with. If they can't comply with the requests, then that helps your Defence. But don't lose sight, that you will have to lodge a defence with the Court around 28th May.
The Court encourages parties to settle the matter without a Hearing.

[optispart]

I will wait and see and update the thread as I get any replies. thanks for all your help so far

[optispart]

Evening, this is the reply i have had from the solicitors... i assume this is a pretty straightforard response.

I need to wait on the documents. If they are not produced before the defence needs to be submitted would i be using this as the basis of said defence?

thanks again!

[echat11]

Evening, this is the reply i have had from the solicitors... i assume this is a pretty straightforard response.

I need to wait on the documents. If they are not produced before the defence needs to be submitted would i be using this as the basis of said defence?

thanks again!

Yes, standard response, your Defence will reflect that you haven't received the requested documentation.

[optispart]

Hi small update

letter received on 20th sending back my £1.00 for CPR request. No mention of anything else its getting close now to my defence dead line of 28th. Is it best to wait and then file on the 27th? Still yet to receive any of the documents requested

thanks!

[echat11]

Hi small update

letter received on 20th sending back my £1.00 for CPR request. No mention of anything else its getting close now to my defence dead line of 28th. Is it best to wait and then file on the 27th? Still yet to receive any of the documents requested

thanks!

Post update 26th, if nothing received, then you can prepare Defence / with help if needed and lodge your Defence with the Court on the 27th.

[optispart]

Hi have had this from Lloyds after sending SRA

how will this effect the defence as no way they arw going to return documents in time..