help with 6 years limitation Act,,,please help me

[imfree]

Hi all...I need help with the Limitation Act. DCA issued County Court summon against me in October 2006 for the two accounts in my name amount £18000. I reply back to the court with this statement “ I HAD PAYMENT PROTECTION INSURANCE BY THE CREDIT CARDS COMPANIES IN QUESTION. I FILLED THE CLIM FORMS AND WHERE SENT OUT. I THAN RETURN ABROAD AND RETURN TO U.K LAST YEAR. TO THE BEST OF MY KNOWLEDGE THE AMOUNT SHOULD HAVE BEEN SETTLED. I SHOULD LIKE TO DEFEND MY SELF IF THERE IS TO BE TRIAL.” Everything after my reply went quite until 1st September 2010, a General Form of Order arrived stating these phrases “Before District Judge XXXXXXXXsitting at XXXXCounty Court. Upon reading letter from the claimant IT IS ORDER THAT the matter is listed for directions on 26th October 2010.” I wrote back to court for it be transfer to my local court and now I been given the 8th April 2011 deadline by the court to file my witness statement and been to local solicitor for help but they are charging £££ per an hour which I can hardly afford. I have wrote a letter to Cabot explaining the Limitation Act but the refuse to accept this. Can I ask the court to set aside the claim under the Limitation ACT. Last payment on the account was made in September 2003 for £10. ...any advice will be appreciated........Thanks in advance

[WendyB]

Re: help with 6 years limitation Act,,,please help me

Can you make things a bit clearer, please?

What was the original claim for? Can you scan in the Particulars of Claim?

Why would PPI have come into effect, on what grounds? Did yo actually make a claim on the PPI?

With regards to Limitations, it wasn't statute barred when they made the original claim against you,in 2006. Have you acknowledged tis debt in any way or form at all since youlast paid in Sept 2003?

[imfree]

Re: help with 6 years limitation Act,,,please help me

Thank you for your reply. I filled the PPI claimed form because of my Illness at the time. Than I went abroad. I attached some of the claim documents for your attention and hopping to received your reply soon. Many thanks in advance.

[Shepherdess]

Re: help with 6 years limitation Act,,,please help me

It seems odd to have had no contact re this claim between 2006 and 2010, then for them to continue as if nothing's happened after such a time lapse.
I would have thought that as it wasn't Statute Barred when they started the claim (and in effect you admitted it by telling the court about the PPI) that this unfortunately wouldn't be an option. But their tardiness in progressing the claim might offset this...depending on the reason...anyone else have thoughts on this??
However you do need to urgently find out why your claim on the PPI wasn't successful. Maybe even look at whether it was missold in the first place, if when, on claiming against it, you were refused. You may then have a counter claim for missold PPI.
You need to send a Subject Access Request asap to these companies to establish what happened. Have you also asked for copies of these credit agreements? Checked for unfair charges? (over limit fees, unpaid item fees etc).
Also, looking at the POC, I don't think they are allowed to claim Statutory Interest on regulated agreement claims.
Just my thoughts...others with more knowledge will hopefully be along soon.

Shepherdess

[Shepherdess]

Re: help with 6 years limitation Act,,,please help me

Also, I've asked for this to be moved to legal issues for you where you should get more responses.