Fraudulent misrepresentation and Prenuptial agreement

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

James here is the law on limitation periods on collection debts for contract. The Limitation Act 1980 states thata cause of action (legal proceedings) cannot be brought after 6 years forcontract debt. This is the law of the land as Parliament intended. FCA,which regulates the debt collection agencies/ companies, guidance however statesthat although a debt is statute barred that if there is 'regular contact with the customer' that the company may still try to recover the debt: CONC 7.15.5; but if there is no contact during the limitation periodthe debt cannot be pursued: CONC 7.15.4https://www.handbook.fca.org.uk/handbook/CONC/7/15.html

James, what are your facts?

As I said I do still have a savings account that my small pension goes into. This is not my main pension. As far as I am aware they know of my change of address but I do not have proof. No letters have ever come here always to the house. But as far as the card or the debit account they took money from there has been no contact from me. The actual payments for the card were made with a pay in slip you tore it off and paid your monthly payment and it didn't have anything to do with your main account as I remember. But they started taking money straight out of the account.

[nemesis45]

Re: Fraudulent misrepresentation and Prenuptial agreement

Regular contact: Does not included debt collection letters/ demands for payment from the
creditor or a debt purchaser.
The only matters that affect the limitation period are: A county court claim, which
stops the 6 year " clock " on the date of issue.

An unequivocal written admission of liability for a debt.
Any payment by or authorised by the debtor made in the
relevant 6 year period.

nem

[Amethyst]

Re: Fraudulent misrepresentation and Prenuptial agreement

NEM - The regular contact bit mentioned by Openlaw is about the FCA Regs, not the limitation act.... with regards debt recovery outside of court not through court.

[Amethyst]

Re: Fraudulent misrepresentation and Prenuptial agreement

No, all I was told to do was send in the form and the witness statement. I have no letter to prove I gave them a change of address

The letter you wrote to them about rent arrears - you put your address on the letter?

Did the CAB adviser tell you this was an application to set aside ? It will cost £50 or £155 unless you are eligible for fee remission - you may get a response from the court either striking out your app for non payment or asking you for payment ( or fee remission application) before it can be considered.

[nemesis45]

Re: Fraudulent misrepresentation and Prenuptial agreement

NEM - The regular contact bit mentioned by Openlaw is about the FCA Regs, not the limitation act.... with regards debt recovery outside of court not through court.

Don't quiet understand. [MENTION=6]Amethyst[/MENTION]

Conc 7 .15 (4) and (5) refer to Statute Barred debts and the pursuit of them and refer yo regular contact. 7.15 (8) must be read in conjunction with the former.


"Relevant Contact" as defined in the original OFT Guidance on Debt Collection which lies somewhere in the numerous addenda to the handbook is that:

Relevant Contact does not include normal debt collection letters and demands for payment, you can include Statutory Demands in that too.

I was not referring to the LA 1980 purely the pursuit of statute barred debts and what may be considered " relevant regular contact".

7.15 (4) cannot be a stand alone statement.

nem

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

The letter you wrote to them about rent arrears - you put your address on the letter?

Did the CAB adviser tell you this was an application to set aside ? It will cost £50 or £155 unless you are eligible for fee remission - you may get a response from the court either striking out your app for non payment or asking you for payment ( or fee remission application) before it can be considered.

The letters all contain the old address of the house, I had left it on because it was that account, I went into the bank and told them my change of address but I was still using that on the letters. No they haven't told me that but I do have their email so I can contact them tomorrow and send off a offer to pay by debit card if that is the right way. the only trouble is that the case has been transferred to my local court so I don't really know who I would contact to pay

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

The letter you wrote to them about rent arrears - you put your address on the letter?

Did the CAB adviser tell you this was an application to set aside ? It will cost £50 or £155 unless you are eligible for fee remission - you may get a response from the court either striking out your app for non payment or asking you for payment ( or fee remission application) before it can be considered.

My application will have arrived on the same day (Fri) as my letter telling me that it has been moved up here to my local court, Will I have to resend it to this court when I receive a date or do I contact kings lynn and offer to pay over the phone?

[Amethyst]

Re: Fraudulent misrepresentation and Prenuptial agreement

Your application will be processed by the court you sent it to, and if it requires a hearing it will be transferred to your local court, but you may have to request this again.

When you do get a date for the replacement Final Charge hearing you need to submit witness statements directly for that hearing.

[Amethyst]

Re: Fraudulent misrepresentation and Prenuptial agreement

The letters all contain the old address of the house, I had left it on because it was that account, I went into the bank and told them my change of address but I was still using that on the letters. No they haven't told me that but I do have their email so I can contact them tomorrow and send off a offer to pay by debit card if that is the right way. the only trouble is that the case has been transferred to my local court so I don't really know who I would contact to pay

Ok, it's right to leave it out in that case. Despite you having informed the bank of your change of address nothing was done about it and you continued communicating with them using the old address, so there's no evidence that you ever informed them of the change of address prior to the court claim.

I would though suggest that sending a subject access request to Lloyds Bank for all information held about or directly related to you. This should included screen notes made by staff when you have called or visited the branch and may include a note about that change of address request. It does cost £10 unfortunately which can be paid by cheque or postal order.

Data Controller: Lloyds Banking Group PLC

The Mound
Edinburgh
EH1 1YZ

Dear Sir/Madam

ACCOUNT NUMBER(s): xxxxxxxxx (or multiple numbers if more than one account)

I formally request that you forward me a true record of any Data held by your organisation relating to myself for the complete term of any accounts held with you.

I am aware this request should include any Data held for more than 6 years as under the Data Protection Act there is no time limit for information requested.

In particular I require any transaction lists and screen notes, as well as any agreements/contracts and/or communications relating to myself.

I enclose the statutory maximum fee of £10. You have 40 days from receipt of this request in which to return to me the information requested , securely and in legible condition.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know promptly. I would be happy to prove my identity or collect any documents at my local branch.


Yours faithfully,


(signature)


(name)

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

Your application will be processed by the court you sent it to, and if it requires a hearing it will be transferred to your local court, but you may have to request this again.

When you do get a date for the replacement Final Charge hearing you need to submit witness statements directly for that hearing.

In an earlier post you were not to happy with my grounds of status barred. you said some of the points the CAB had given were incorrect. you asked if you could tweak it. When I re-submit my witness statement and the form I need to pay £155 for. will I be able to make the changes in my statement to take in the changes you suggest. Especially if I have to re-submit the form?

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

Ok, it's right to leave it out in that case. Despite you having informed the bank of your change of address nothing was done about it and you continued communicating with them using the old address, so there's no evidence that you ever informed them of the change of address prior to the court claim.

I would though suggest that sending a subject access request to Lloyds Bank for all information held about or directly related to you. This should included screen notes made by staff when you have called or visited the branch and may include a note about that change of address request. It does cost £10 unfortunately which can be paid by cheque or postal order.

Data Controller: Lloyds Banking Group PLC

The Mound
Edinburgh
EH1 1YZ

Thank you for this, I will do the letter today and send it off. I will contact the CAB and tell them what I have done up to now, also saying about your Advice on my witness statement.
One Question I would ask though even if its speculative. What would you all think are the merits and chances of the status barred being correct?

[Amethyst]

Re: Fraudulent misrepresentation and Prenuptial agreement

If you have to re-submit then you will be able to amend it then of course.

You need to be clear that your witness statement for arguing against the final charging order does not cost anything to submit. It does not require an application, just your witness statement submitted to the court 7 days before the hearing.

The set-aside for the original judgment is a separate issue and it is this which costs £155 ( unless eligible for remission ). This set aside will put a hold on the final charging order application made by the other side.

For the set-aside of the original judgment you need to show the court that there is a reasonable reason you did not respond to the court papers - that you did not receive them as they were sent to your old address, despite your having informed the original creditor of your change of address is a good reason. You had said you had informed Lloyds of your change of address - which is good - but it has just transpired that you continued communicating with them using the original address, so that pretty much removes the argument - therefore CAB were right in leaving it out with the information to hand.

You also need to demonstrate that you have a reasonable chance of success with your defence. For this you have your contention that the debt was statute barred as you have not paid nor acknowledged it for over 6 years before the court claim was brought. That is fine.

A set aside application needs to have a draft defence, witness statement and draft order attached to it. I did lay this out for you before you went to the CAB but they have more information about your case ( as you have discussed it with them at length, face to face and with copies of documents). CAB have included setting aside the interim charge order on your set aside application.

There was really no point tweaking the application or witness statements CAB assisted you with as it had already been submitted. If there is further documentation/WS/applications need submitting it would be wise to post them on here before submitting to the court.

When you get a court date for the final charging order hearing it may well be combined with a hearing for the set aside application. We will have to play it by ear and see what the court decide on the application initially.

[Amethyst]

Re: Fraudulent misrepresentation and Prenuptial agreement

On statute barring issue

The last contact you had with Lloyds Bank Plc about THIS ACCOUNT was when ????

The original debt - is it a LOAN, a CREDIT CARD or an OVERDRAFT ???

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

On statute barring issue

The last contact you had with Lloyds Bank Plc about THIS ACCOUNT was when ????

The original debt - is it a LOAN, a CREDIT CARD or an OVERDRAFT ???

these are the last letters I could find and I change my account 6 years ago this month I think it was. so even if these are not the last letters and I think they are my pension was moved then.

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

I am sorry I didn't post my statement first but it was the time that was scaring me. and I panicked that I might not get it in before the deadline. So when she had done that one at the CAB I just copied it and posted it. I didn't even change the spelling mistakes. when you posted my defence I was meeting them there. So all I can do is apologise if I offended you. it wasn't intentional