Statue barred, hire purchase, help
Assistance needed
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Re: Assistance needed
Thank you for the quick response I have received a letter from Kearns solicitors representing IDR finance. Stating they're intention to register a CCJ against me for a historic debt. Was taken out in 2009, last payment was made in 2010. Default was registered against me in 2011.
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Re: Assistance needed
Are you able to see my attachment?Attached FilesLast edited by Mista Blake; 12th February 2017, 14:08:PM. Reason: My personal details are on attachment
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Re: Assistance needed
[MENTION=55034]nemesis45[/MENTION] [MENTION=87380]Diana M[/MENTION] xxDebt is like any other trap, easy enough to get into, but hard enough to get out of.
It doesn't matter where your journey begins, so long as you begin it...
recte agens confido
~~~~~
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Re: Assistance needed
Originally posted by Mista Blake View PostI have received a letter from Kearns solicitors representing IDR finance. Stating they're intention to register a CCJ against me for a historic debt. Was taken out in 2009, last payment was made in 2010. Default was registered against me in 2011.
Your last payment may have been in 2010 but the length of the loan (anticipated expiry date) and default date may have an impact on any Statute Barred argument.
That letter from Kearns Solicitors refers to your request for documents referred to in the POC. What did you send them? Was it a formal s. 77-79 CCA Request with a £1 postal order for the statutory fee and/or a CPR 31.14 Request identifying specific documents mentioned in the POC?
Litigation is an abrasive process and I often find solicitor's letters rather rude. They've asked you to withdraw your Defence. Unless you want to do that then don't. They say your Defence "holds no point of law whereby you might reasonably expect to defend the claim". They're entitled to their opinion but it's not their decision as to whether you have an arguable Defence or not - that's for the court to decide.
What stage have these proceedings reached? You've filed your Defence so if that was more than 28 days ago is the claim stayed or have you been sent a Directions Questionnaire by the court?
Was there PPI with this HP agreement?
Sorry for all the questions but it's best to get to the nitty gritty before making suggestions on how you should manage this claim.
Di
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