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

[Astro]

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

How does this sound as my defence?

1. The Defendant has not acknowledged the debt in writing in the last six (6) years.

2. The Defendant has not paid any part of this debt in the last six (6) years.

3. The Defendant has reminded the Claimant that the debt has become statute barred in accordance with THE LIMITATION ACT 1980 (SECTION 5). The Claimant was informed of this by letter dated 5th December 2015. This letter being confirmed by Royal Mail as delivered to the Claimants correspondence address 7th December 2015. The Claimant has failed to respond to this letter.

4. ACCORDINGLY THE Defendant seeks the Claimants claim to be dismissed by the court as the debt is a statute-barred under the Limitations Act 1980, Section 5.

I don't have enough time left for Restons to respond to a CPR and still enter and none compliance in my defence. (especially if they refuse to grant an extension). If I send one anyway can details be added to my defence if Restons don't back down as a result of entering the above?

[nemesis45]

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

How does this sound as my defence?

1. The Defendant has not acknowledged the debt in writing in the last six (6) years.

2. The Defendant has not paid any part of this debt in the last six (6) years.

3. The Defendant has reminded the Claimant that the debt has become statute barred in accordance with THE LIMITATION ACT 1980 (SECTION 5). The Claimant was informed of this by letter dated 5th December 2015. This letter being confirmed by Royal Mail as delivered to the Claimants correspondence address 7th December 2015. The Claimant has failed to respond to this letter.

4. ACCORDINGLY THE Defendant seeks the Claimants claim to be dismissed by the court as the debt is a statute-barred under the Limitations Act 1980, Section 5.

I don't have enough time left for Restons to respond to a CPR and still enter and none compliance in my defence. (especially if they refuse to grant an extension). If I send one anyway can details be added to my defence if Restons don't back down as a result of entering the above?

Seen the post Astro I have to go out for a while so will look in when I get back.

nem

[Astro]

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

No problemo

[Astro]

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

Hi again. Did you manage to have a look at my defence statement?

Colin

[Astro]

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

[MENTION=55034]nemesis45[/MENTION] Quick update...I received a letter from dlc today. It would appear they have completely ignored my CCA request and decided to send me a 'Notice of Sums in Arrears' along with an FCA information sheet.. I'm assuming their lack of action is due to the fact that they don't have anything else to provide

[nemesis45]

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

@nemesis45 Quick update...I received a letter from dlc today. It would appear they have completely ignored my CCA request and decided to send me a 'Notice of Sums in Arrears' along with an FCA information sheet.. I'm assuming their lack of action is due to the fact that they don't have anything else to provide

Hello Astro,

Inter departmental communications within companies in the debt collection murky pond are as near non existence as is possible.

I think you are spot on!!
A notice of sums in arrears it not in my opinion appropriate at this stage.

nem

[Astro]

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

[MENTION=55034]nemesis45[/MENTION] Am I okay to enter my defence now? I notice from Restons website they are closed for eight days over the Christmas period and I'd like to use this to my advantage

[nemesis45]

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

@nemesis45 Am I okay to enter my defence now? I notice from Restons website they are closed for eight days over the Christmas period and I'd like to use this to my advantage

Yes certainly Astro.:santa2:nem

[Astro]

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

All done. That's my defence submitted, I suppose it's just a case of waiting now

[Astro]

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

How have Restons been responding to recently defended claims? Do they withdraw to save face, or do they simply not respond allowing the claim to be stayed and effectively go into limbo? just a quick side note, DLC are now in breach of CCA

[nemesis45]

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

How have Restons been responding to recently defended claims? Do they withdraw to save face, or do they simply not respond allowing the claim to be stayed and effectively go into limbo? just a quick side note, DLC are now in breach of CCA

Restons only act on the instructions of their client, each case is different.

The claimant has 28 days from receiving your defence to respond to it.
If they do not respond the court will stay the claim. You are not informed
when this happens, so at the end of the timescale if you have not been contacted
you will have to contact the court to check the status of the claim.

nem.:santa_wink:

[Astro]

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

thanks for the quick reply Nem. Will I be able to see if the claim is stayed on MCOL?

[Astro]

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

Written confirmation received today (dated 22/12/15) that my defence has been acknowledged and a copy served on the claimant. Now I wait

[Astro]

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

Hi all. I finally received a response from DLC today to my CCA request. As I thought, they don't have the documentation (as yet).

[nemesis45]

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

Hi all. I finally received a response from DLC today to my CCA request. As I thought, they don't have the documentation (as yet).

Hello Astro, happy new year.

That's a standard template, DLC has used for sometime.
There's a pattern evolving from these BH accounts now
many are already statute barred or no agreement can be found.

nem