Tweet
Hi All,
I have been reading some other related posts regarding this, but just wanted to clarify specifics so I am confident in my rights etc. Any advice is very gratefully received.
Issue Date: 19 Apr 2017
Claimant: Lowell Portfolio I Ltd
I received the following particulars of claim:
The claim is for the sum of £634.20 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a Avon Cosmetics Limited account with an account reference of xxxxxxx
The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with.
The debt was legally assigned to the claimant on 19/Jun/2015, notice of which has been given to the defendant.
The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £50.74
The Claimant claims the sum of £684.94
They have also claimed the court fee of £60.00 and the legal representative costs of £70.00, bringing the total to £814.94.
I completed the Acknowledgement of Service online on 01.05.17, which I believe extends my time to 33 days from the date of issue to respond with my defence. I believe this to be Sat 27 Mar 2017.
I strongly believe that the alleged debt in question in Statute Barred, in that I have acknowledged the debt, not made a payment within the last 6 years. However, the dates are close, and I cannot be certain if 6 years have passed in full. Is there any way I can check so I can be certain it is over 6 years?
I have found certain paragraphs on the internet which relate to a very brief Statute Barred defence, citing Section 5 etc, but wondered if this would be adequate. Do I also need to make additional requests for information from the claimant and/or the claimants solictors to improve my case?
I really would appreciate any guidance you can offer; I hate being in a place of uncertainty, and although I have managed to gain some insight through certain forums and websites, would like to gain advice with my specific case in mind.
Thanks very much!
I have been reading some other related posts regarding this, but just wanted to clarify specifics so I am confident in my rights etc. Any advice is very gratefully received.
Issue Date: 19 Apr 2017
Claimant: Lowell Portfolio I Ltd
I received the following particulars of claim:
The claim is for the sum of £634.20 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a Avon Cosmetics Limited account with an account reference of xxxxxxx
The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with.
The debt was legally assigned to the claimant on 19/Jun/2015, notice of which has been given to the defendant.
The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £50.74
The Claimant claims the sum of £684.94
They have also claimed the court fee of £60.00 and the legal representative costs of £70.00, bringing the total to £814.94.
I completed the Acknowledgement of Service online on 01.05.17, which I believe extends my time to 33 days from the date of issue to respond with my defence. I believe this to be Sat 27 Mar 2017.
I strongly believe that the alleged debt in question in Statute Barred, in that I have acknowledged the debt, not made a payment within the last 6 years. However, the dates are close, and I cannot be certain if 6 years have passed in full. Is there any way I can check so I can be certain it is over 6 years?
I have found certain paragraphs on the internet which relate to a very brief Statute Barred defence, citing Section 5 etc, but wondered if this would be adequate. Do I also need to make additional requests for information from the claimant and/or the claimants solictors to improve my case?
I really would appreciate any guidance you can offer; I hate being in a place of uncertainty, and although I have managed to gain some insight through certain forums and websites, would like to gain advice with my specific case in mind.
Thanks very much!
Comment