Old Debt Comes Back To Haunt Me Again.

[dawnmac10]

Hi everyone, im new on this forum and am desperate for advice. Lowell debt collectors have taken me to county court for a debt that i think is statute barred. To cut a long story short i have filled in a defence to the court, i have had another form now saying this is a defended claim,and this case is suitable for allocation to the small claims track. I have directions questionnaire to fill in now. This also asks if i want to use mediation service. At this moment i am unsure what i have to do now and there is a deadline on this form to send it back by the 8th of april. I have also wrote a template letter to this debt collector and asked for my credit agreement, i enclosed a postal order for £1. At the moment i have recieved nothing from them. another debt advice service told me that they could produce it on the court day and i dont need it so what do i do?? Can someone point me in the right direction please.. I have been in touch with loads of debt advisers but going round in circles, and someone recommended you. Please dont suggest cab, as my local office is only open for a few hours two days a week ive rang then for advice on the phone but they were unable to help me in this way. Any advice or help please? Much appreciated.. :sad:

[Noah]

Re: Old Debt Comes Back To Haunt Me Again.

Some details would help
when was the account opened?
what is it for?
when was the last payment or written acknowledgement made by you
what is the date on the claim form
Have you actually sent the cca request off
Did you send a cpr31.14 request off?


As to the DQ tick yes to small claim and yes to mediation.

[dawnmac10]

Re: Old Debt Comes Back To Haunt Me Again.

Some details would help
when was the account opened?
what is it for?
when was the last payment or written acknowledgement made by you
what is the date on the claim form
Have you actually sent the cca request off
Did you send a cpr31.14 request off?


As to the DQ tick yes to small claim and yes to mediation.

The account was opened in 2007, it was for a littlewoods catalogue debt. my last payment or acknowledgement to this debt was in 2009. im unsure what you mean by cca request? and cpr 31/14 request ?

[R0b]

Re: Old Debt Comes Back To Haunt Me Again.

You may want to also post up your defence for the relevant people to look at as you may or may not have pleaded it sufficiently to have a good chance of successfully defending the claim.

[dawnmac10]

Re: Old Debt Comes Back To Haunt Me Again.

How do I do that?

[dawnmac10]

Re: Old Debt Comes Back To Haunt Me Again.

I have read on another forum that in a small claims track cpr.31-14 will not apply. I have requested my credit agreement from the debt collector and i am still waiting, it has been 14 days on monday the 4th of april that is not including weekends and the easter holiday. What happens if i dont recive this agreement? do i put this in my directions form? times running out, i wish i had have found this site earlier. So many questions to ask how do i post my defence for relevant people to look at? Sorry to sound so dumb but ive never been through this before.. any more help please.

[R0b]

Re: Old Debt Comes Back To Haunt Me Again.

Hi Dawn,

If you take a photo of the defence and edit personal information, send it to admin@legalbeagles.info then [MENTION=6]Amethyst[/MENTION] can upload it for you. Make sure to put your username or the name of the thread so she knows where to upload it to.
It may also be useful to send the particulars of claim so the relevant people can see what they have put.

31.14 does not apply to small claims but as the claim has not been allocated yet, you could argue that it does apply until it has been allocated. Equally, in the interests of the overriding objective of ensuring cases are dealt with efficiently, the courts encourage parties to share documents they rely on. Obviously the lawyers and new creditors are likely to fob you off probably because they actually don't have it.

If you have provided the postal order and it passes the time required for them to provide it then they cannot obtain a judgment against you until it has been provided.

[Noah]

Re: Old Debt Comes Back To Haunt Me Again.

Can you remember exactly when in 2007, was it Jan, Feb , march or later , it is relevant

CCA request is a request for information,and it sounds like you have already done it
Did the template you sent specifically say this is a request under S77-79 (or S78) consumer credit act ?

The templates are here
http://legalbeagles.info/forums/show...y-of-Agreement

If you request was a proper CCA request, as R0b has said , once the 14 working days have passed they can not enforce.

[dawnmac10]

Re: Old Debt Comes Back To Haunt Me Again.

hi, thanks for your quick responses, The template letter I sent for my cca request did say under s78. This old catalogue debt was from 11/12/2007.I rang the debt company up in February this year when I had the notice of claim issue to explain that this debt was statute barred, I told them that I was not admitting the debt etc, but the person on the phone told me it was not statute barred and didn't want to know.He asked me if I was a home owner and if I worked, I told him no to both questions and that was it.

[dawnmac10]

Re: Old Debt Comes Back To Haunt Me Again.

Also I have found an old statement of my account dated 20/3/2015 it says your lowell account, and client agreement dated 11/12/2007, if this is any help. Many thanks.

[Kafka]

Re: Old Debt Comes Back To Haunt Me Again.

If you are certain that you haven't paid or acknowledged since 2009 then the debt is statute barred so you need to be sure of that. If that's correct, then that is an absolute defence and they would need to provide evidence that it is not statute barred.

Your agreement falling late in 2007 means that they can supply a reconstructed copy of the agreement, even if they don't have the original, so that doesn't help you.

[Noah]

Re: Old Debt Comes Back To Haunt Me Again.

Two problems I forsee
1) The SB argument is, as we know complex so need to get a judge to agree. As we are at DQ stage the claim might have been issued some time ago
2) The defence is already entered so would need to amend

[dawnmac10]

Re: Old Debt Comes Back To Haunt Me Again.

Thanks for your quick reply again, question 2? I'm abit unsure about (so would need to amend). I still havent recieved my credit agreement and it's the last day tomorrow for the time limit to recieve it, should I just fill in this dq form, tick for small track and mediation,and put a letter in with it just to explain that I am waiting for my credit agreement to be sent to me to help with my defence? I must post this dq in the morning as it has to be there by Friday. I can't wait any longer for this credit agreement, I don't think I'm going to get it. Any more advice please before I post it in the morning? Thankyou so much.

[Noah]

Re: Old Debt Comes Back To Haunt Me Again.

Did you use one of the defences on this site
I know they state something along the lines of
'if and when the claimant provides the documents i will be in a position to judge my position and amend my defence and request that the claimant bears the cost of this'

When it comes to amending the defence , if the claimant agrees it is easy if they don't you need a hearing to see if a judge will allow it but I am sure you will get the help as and when

[dawnmac10]

Re: Old Debt Comes Back To Haunt Me Again.

Just an update of the above, my dq has been posted, still no credit agreement recieved, instead, this morning I have recieved another letter from lowell for another catalogue debt that I am aware of. This is saying I am writing to inform you that your debt was sold to lowell on 10/3/2016 etc,etc. This is enclosed with a lowell account statement of when I last paid the original creditor how much is owed etc..Do you think they have got mixed up with the credit agreement I sent the template letter to them for about the old debt? I am aware of this new debt they have brought and am recieving weekly letters from them anyway,I really think they have sent this in reply to my template letter what do you think?