Hi there. You've probably guessed already, I have a problem :(

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

Quick update on this.
I have requested copies of the information held by me by Black Horse (the original creditor) and am still awaiting the documents. I have called them about this and the have confirmed the last written communication they received from me was received on the 14th of November 2008 and that the balance outstanding was £3303.54.

I've received a Claim form from Northampton County Court this morning and the amount claimed is £3476.42 + costs (this is the same figure as on all of the previous statements from DLC/Hillesden.

It would seem from the dates that this alleged debt is indeed as I suspected time barred by over a year, but i'd like to see the evidence that Restons are basing their claim on. Is there any way I can quickly get them to supply me with what they hold?

Nearly forgot, i've acknowledged the claim online on the basis that I intend to defend all of the claim

[Kati]

Re: Hi there. You've probably guessed already, I have a problem

Have you sent a CCA request?? - http://www.legalbeagles.info/forums/...y-of-Agreement
and a CPR request?? - http://www.legalbeagles.info/forums/...ic-information
[MENTION=55034]nemesis45[/MENTION]??

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

Hi, thanks for the quick reply. I've done neither as yet, just the SAR from Black Horse.
Who do I send each to? I'm assuming the CPR goes to Restons, who does the CCA go to, Restons or DLC?

[Kati]

Re: Hi there. You've probably guessed already, I have a problem

Hi, thanks for the quick reply. I've done neither as yet, just the SAR from Black Horse.
Who do I send each to? I'm assuming the CPR goes to Restons, who does the CCA go to, Restons or DLC?

CPR goes to the solicitors and CCA goes to the claimants (there's a £1 fee for the cca)

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

Gotcha! I'm in the process of typing them up now. Thank you

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

How long do I give them to respond to the CPR?

[Kati]

Re: Hi there. You've probably guessed already, I have a problem

How long do I give them to respond to the CPR?

well ... the letter gives them 7 days :noidea:

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

sorry, doh! forgive me, i'm flapping

[Kati]

Re: Hi there. You've probably guessed already, I have a problem

sorry, doh! forgive me, i'm flapping

:lol: I had to look myself xx

[nemesis45]

Re: Hi there. You've probably guessed already, I have a problem

Have you sent a CCA request?? - http://www.legalbeagles.info/forums/...y-of-Agreement
and a CPR request?? - http://www.legalbeagles.info/forums/...ic-information
@nemesis45??

OK [MENTION=49370]Kati[/MENTION]:tinysmile_twink_t2:

[nemesis45]

Re: Hi there. You've probably guessed already, I have a problem

Quick update on this.
I have requested copies of the information held by me by Black Horse (the original creditor) and am still awaiting the documents. I have called them about this and the have confirmed the last written communication they received from me was received on the 14th of November 2008 and that the balance outstanding was £3303.54.

I've received a Claim form from Northampton County Court this morning and the amount claimed is £3476.42 + costs (this is the same figure as on all of the previous statements from DLC/Hillesden.

It would seem from the dates that this alleged debt is indeed as I suspected time barred by over a year, but i'd like to see the evidence that Restons are basing their claim on. Is there any way I can quickly get them to supply me with what they hold?

Nearly forgot, i've acknowledged the claim online on the basis that I intend to defend all of the claim

Hello Astro,
A BH Hire Purchase account? When was account defaulted please?
The Default date on credit files will do for this.

nem

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

It dropped off my credit file a long time ago. I'll have to wait for the SAR fir the full details but the car went back November 2008 and the last communication from BH was shortly after thus confirming my outstanding liability. I responded to this 14th Nov 2008 and that was the last communication they can find

[nemesis45]

Re: Hi there. You've probably guessed already, I have a problem

It dropped off my credit file a long time ago. I'll have to wait for the SAR fir the full details but the car went back November 2008 and the last communication from BH was shortly after thus confirming my outstanding liability. I responded to this 14th Nov 2008 and that was the last communication they can find

And definitely no payments after Nov. 2008?
My thought Astro is to play Carboot and Restless at the own game.
I looks very clearly to me that this is statute barred, Cabot will not know
this so.
We could try cutting this of now whilst still preparing for a defence.
The idea is to write to Restons along the lines of:

For the Attention of Nigel Petrie Coe
Restons


Date:

Re: County Court Claim No.......................................:
Issued on Date..................................:

Dear Mr Coe,

I refer you the above mentioned claim issued by Restons on behalf of its client Cabot Financial ( Marlin) Ltd.

Having checked my credit history prior to entering my defence to this claim which refers to an alleged debt to Black Horse Finance, please note I do not acknowledge any liability to your client.

This alleged debt is Statute Barred under the provisions of the Limitation Act 1980 and I know invite your client to withdraw its claim in the interest of saving costs and court time.

If your client continues with this claim it will be robustly defended.

I expect to receive your response within 7 working days of the date hereon.

Yours etc.

If you decide to send this use signed for post and check delivery date.

nem

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

Awesome! I'll get that typed up asap

[nemesis45]

Re: Hi there. You've probably guessed already, I have a problem

Awesome! I'll get that typed up asap

Good luck !!
nem