Confusion about cause of action on statute barred account

[MikeG]

Re: Confusion about cause of action on statute barred account

Hi

Just a quick update, I sent off the CCA and CPR 31.14 requests. Today I have received a letter from DLC to confirm receipt of the CCA request and that they have requested the required documents from Black Horse. It mentions the following points to be aware of:

Whilst we may not enforce the agreement until the documentation is provided, the monies are outstanding and the underlying obligation to pay still remains.

It goes on to say that they can still demand payment and that if I need anything else at this point to contact them, otherwise they will be in touch in 21 days or sooner if the documentation becomes available.I have not heard anything back from MC solicitors regarding the CPR31.14 request. My defence needs to be in on the 16th and I am wondering if I have to put a defence in as DLC have told me that they don't have the documents or if I still have to do and what do I put in it?

Thank you for your time.

[MikeG]

Re: Confusion about cause of action on statute barred account

I have finally recieved a response from mortimer clarke agreeing to a 28 day extension so I have spoke to the court and sent an email to them informing them about it.

I am not liking the looks of my chances, I have just got off the phone to the original creditors who also state that the default was on the 22nd of March 2011. If that was the case though wouldn't that still be showing on my credit files?

I would really appreciate some advice on this. Mortimer clark are trying to get hold of the original credit agreement at the minute so wondering what, if any options I have.

Thanks

[MikeG]

Re: Confusion about cause of action on statute barred account

bump

[Amethyst]

Re: Confusion about cause of action on statute barred account

It should show on your credit file, but might show on one credit file and not another. Can your original creditor send you the last transactions on the account before the default? (and a copy of the default notice ) ? ( probably not but might be worth an ask)

If statute barred is out the window, and we don't know it is yet, you still have the non compliance with the CCA to defend on.

You were quite clear about ''last payment made on 17th of June 08. No other payment or contact has ever been made with them from that point. ''

So it could fall under BMW v Hart - if the original agreement was due to end on 22/03/2011 ?

How long was the original HP over? 4 years ? ( eg 2007 to 2011 )

[MikeG]

Re: Confusion about cause of action on statute barred account

It should show on your credit file, but might show on one credit file and not another. Can your original creditor send you the last transactions on the account before the default? (and a copy of the default notice ) ? ( probably not but might be worth an ask)

If statute barred is out the window, and we don't know it is yet, you still have the non compliance with the CCA to defend on.

You were quite clear about ''last payment made on 17th of June 08. No other payment or contact has ever been made with them from that point. ''

So it could fall under BMW v Hart - if the original agreement was due to end on 22/03/2011 ?

How long was the original HP over? 4 years ? ( eg 2007 to 2011 )

I have checked noodle, Equifax, Experian and Call credit. None of them show the default but I know for a fact that it did before, maybe a call to one of them could help to clear up where it has disappeared to and if they hold a copy of an older credit report that I had created (I have had to format my computer and lost old copies).

I am also 100% sure that no payment or contact has been made after that date. I will give Black Horse a call as I cant remember how long the loan was for, it was that long ago. Looking at the particulars of the claim it does look like it could have been a loan over 4 years as they state "By an agreement between black horse ltd & the defendant on or around 27/03/2007 ('the Agreement') Black horse agreed to loan the Defendant monies. The Defendant did not pay the instalments as they fell due & the Agreement was terminated. The Agreement was signed to the claimant."

Without "the agreement" which they have said that the don't have, I have no idea about the termination policy in it.

[MikeG]

Re: Confusion about cause of action on statute barred account

Well a good 4 months has passed (when an extension of 28 days was agreed) and a copy of the original agreement has arrived (I had forgotten all about this case) along with a statement of account showing the last payment was on the 13th of June 2008. They are sticking with the arguement that the case of action date was was the 22nd of March 2011 (I have not got a copy of this informing me apart from MC solicitors telling me in a letter). I am starting to think that I am knackered here. I am curious though, they have sent the agreement with my signature on it but says at the bottom, page 1 of 2 and I don't have a copy of the second page. Also, I was under the impression that they should have sent the terms and conditions that I was supposed to be bound by and they are not here?

Any suggestions from anyone? Thank you for taking time to read this

[MikeG]

Re: Confusion about cause of action on statute barred account

Bump

[MikeG]

Re: Confusion about cause of action on statute barred account

Sorry to bring up this old thread but there has been a little bit of movement on this case. I have finally received a response from MC Solicitors with the signed copy of agreement, statement of account from the original creditor and now a default notice has arrived. The date on the default notice is 23rd of July 2008 with the claim issued on 14/01/2016. The last payment, showing on the statement of account was a mystery "DCA Payment - Cheque" on 19/08/2009.

I have still never received page 2 of the agreement which I assume is the T&C's but looking at the from the default notice and last payment with the claim issue date, it seems well over 6 years no matter which way you look at it.

The letter for MC Solicitors is interesting at the end, saying that I have not formally responded to the claim, which I can see when I log in that I intend to defend it in full. It also goes onto say that they would like to settle matters without the need for further court proceedings and to contact them. (needless to say I have not)

[nemesis45]

Re: Confusion about cause of action on statute barred account

Sorry to bring up this old thread but there has been a little bit of movement on this case. I have finally received a response from MC Solicitors with the signed copy of agreement, statement of account from the original creditor and now a default notice has arrived. The date on the default notice is 23rd of July 2008 with the claim issued on 14/01/2016. The last payment, showing on the statement of account was a mystery "DCA Payment - Cheque" on 19/08/2009.

I have still never received page 2 of the agreement which I assume is the T&C's but looking at the from the default notice and last payment with the claim issue date, it seems well over 6 years no matter which way you look at it.

The letter for MC Solicitors is interesting at the end, saying that I have not formally responded to the claim, which I can see when I log in that I intend to defend it in full. It also goes onto say that they would like to settle matters without the need for further court proceedings and to contact them. (needless to say I have not)

Hello Mike,

You had 33 days from the date of issue on the claim form (N1) to enter a defence so how much time do you have left.

From what you say the debt certainly appears ( from the payments point) to be stat barred IF there has been No written acknowledgment of the debt.

nem

[MikeG]

Re: Confusion about cause of action on statute barred account

Hello Mike,

You had 33 days from the date of issue on the claim form (N1) to enter a defence so how much time do you have left.

From what you say the debt certainly appears ( from the payments point) to be stat barred IF there has been No written acknowledgment of the debt.

nem

Thank you for the response nemesis.

I might have cocked up a bit here. I acknowledged the claim saying that I would defend in full the same day that I received the court forms and sent out the requests for info. I received letters from the DCA and solicitors to say that they are gathering info and that they would agree to a time extension, which I informed the court. Since then I had forgotten all about it and not actually put in a defence. I can see that when I log in, I can still put one through though. I am just not sure of how to word it as I would like to put it in today and see what happens.

The whole thing has just been sat on hold for over 12 months now.

[nemesis45]

Re: Confusion about cause of action on statute barred account

Thank you for the response nemesis.

I might have cocked up a bit here. I acknowledged the claim saying that I would defend in full the same day that I received the court forms and sent out the requests for info. I received letters from the DCA and solicitors to say that they are gathering info and that they would agree to a time extension, which I informed the court. Since then I had forgotten all about it and not actually put in a defence. I can see that when I log in, I can still put one through though. I am just not sure of how to word it as I would like to put it in today and see what happens.

The whole thing has just been sat on hold for over 12 months now.

Hello Mike,

OK no defence entered and the claimant has taken no further action Or Did you enter something in defence when acknowledging the claim.

Either way I recommend you call the court asap to see what if anything is/has happened.

nem

[MikeG]

Re: Confusion about cause of action on statute barred account

Hello Mike,

OK no defence entered and the claimant has taken no further action Or Did you enter something in defence when acknowledging the claim.

Either way I recommend you call the court asap to see what if anything is/has happened.

nem

Just spoken to the court and they have informed me that I can put a defence in at anytime as a judgement has not been put through yet.

[Diana M]

Re: Confusion about cause of action on statute barred account

I acknowledged the claim saying that I would defend in full the same day that I received the court forms and sent out the requests for info. I received letters from the DCA and solicitors to say that they are gathering info and that they would agree to a time extension, which I informed the court. Since then I had forgotten all about it and not actually put in a defence. I can see that when I log in, I can still put one through though. I am just not sure of how to word it as I would like to put it in today and see what happens.

The whole thing has just been sat on hold for over 12 months now.

Definitely file your Defence today to protect your legal position.

If a year has gone by since you made your CCA Request and the Claimant has not complied (no response/documents from your CPR 31.14 Request either?) then make that clear in your Defence and if appropriate ask for the claim to be struck out at the same time.

Di

[Diana M]

Re: Confusion about cause of action on statute barred account

Or Did you enter something in defence when acknowledging the claim.

The OP has said that no Defence was entered and he informed the court that they had agreed an extension of time to file a Defence.

If a Defence had been entered at the same time as filing the AOS online they would have received a written acknowledgment from the court within days.

I acknowledged the claim saying that I would defend in full the same day that I received the court forms and sent out the requests for info. I received letters from the DCA and solicitors to say that they are gathering info and that they would agree to a time extension, which I informed the court. Since then I had forgotten all about it and not actually put in a defence. I can see that when I log in, I can still put one through though. I am just not sure of how to word it as I would like to put it in today

[nemesis45]

Re: Confusion about cause of action on statute barred account

Just spoken to the court and they have informed me that I can put a defence in at anytime as a judgement has not been put through yet.

That's good news Mike take a look at the template defence (s) in the green box at the top of the " court claim" forum make a draft and post here and we can go through it with you.
The question about the possibility of a short statement being made at the time the claim was acknowledged was valid as I have seen this happen and the court has Not acknowledged receipt of a defence.

nem