Confusion about cause of action on statute barred account

[Diana M]

Re: Confusion about cause of action on statute barred account

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

The court does make mistakes and things do get lost in the post.

But prior to you asking the OP that question they had already posted on the thread that they had not filed a Defence and that they had informed the court they had agreed an extension of time to do so with the Claimant's solicitors.

So it wasn't possible for them to have filed a Defence "statement" at the same time as filing the AOS (which was the basis of your question).

Di

[MIKE770]

Re: Confusion about cause of action on statute barred account

Defence Example

[MikeG]

Re: Confusion about cause of action on statute barred account

Defence Example

Thank you for that. I have looked through the document but it seems to rely on the requests not being met. In this case they have and I now have the default notice from July 2008 which mentions "if you do not pay the arrears before that date this notice is to be treated as our demand for payment of the balance"

[MIKE770]

Re: Confusion about cause of action on statute barred account

you amend to suit your circumstances it is only a guideline use/format hence Example use

[Diana M]

Re: Confusion about cause of action on statute barred account

requests not being met. In this case they have and I now have the default notice from July 2008 which mentions "if you do not pay the arrears before that date this notice is to be treated as our demand for payment of the balance"

Has anyone taken a look at the documents which have been disclosed so far?

I can see your thread started in 2015 so I wasn't around then, but I can't see any paperwork uploaded (unless I missed it).

What's the update on this debt being Statute Barred as per your thread title?

What was the claim issue date?

When would the loan have expired if it had run to the end of the term agreed?

When was your last payment?

When was it defaulted?

How much is this claim?

Di

[Amethyst]

Re: Confusion about cause of action on statute barred account

Nope nothing uploaded, only an example of a loan term on termination I uploaded ages ago http://legalbeagles.info/forums/show...346#post600346

[MikeG]

Re: Confusion about cause of action on statute barred account

Has anyone taken a look at the documents which have been disclosed so far?

I can see your thread started in 2015 so I wasn't around then, but I can't see any paperwork uploaded (unless I missed it).

What's the update on this debt being Statute Barred as per your thread title?

What was the claim issue date?

When would the loan have expired if it had run to the end of the term agreed?

When was your last payment?

When was it defaulted?

How much is this claim?

Di

Just copied everything to post. Will get everything uploaded in a few minutes when I figure it out. (I have covered all my personal details)

[Amethyst]

Re: Confusion about cause of action on statute barred account

Click on Go Advanced on reply, then click the paperclip icon in the text editor bit, should allow you to upload docs. any problems feel free to email them to me admin@legalbeagles.info and I'll post them up for you xx

[MikeG]

Re: Confusion about cause of action on statute barred account

This is what I have got to work with, The length of the claim is for 48 months from 16/05/2007

[Diana M]

Re: Confusion about cause of action on statute barred account

This is what I have got to work with, The length of the claim is for 48 months from 16/05/2007

I assume you mean the length of the loan not the length of the claim is 48 months

I'll need to go and get my glasses but am I right in seeing you ticked "YES" to PPI (Card Protection Policy)?

If so the Claimant may have to produce the Ts & Cs for that in order to comply with section 77 CCA.

Di

[Amethyst]

Re: Confusion about cause of action on statute barred account

Where did they get they '' 22/03/2011'' date from I wonder? Even the default notice is dated 2008 and there's no payments showing after then.

Imagination?

[MikeG]

Re: Confusion about cause of action on statute barred account

I assume you mean the length of the loan not the length of the claim is 48 months

I'll need to go and get my glasses but am I right in seeing you ticked "YES" to PPI (Card Protection Policy)?

If so the Claimant may have to produce the Ts & Cs for that in order to comply with section 77 CCA.

Di

Sorry, i did mean the length of the loan. I did tick it yes

- - - Updated - - -

Just want to point out that i have never received any T&Cs for this

[Diana M]

Re: Confusion about cause of action on statute barred account

the monthly payments on time every time up until my last payment to them on the 17th of June 08. No other payment or contact has ever been made with them from that point.

In your first post you say your last ever payment was on the 17th June 2008.

On that statement you've just uploaded it shows a credit ("payment - cheque") from a DCA for £20 on 19th August 2009. Did you pay £20 to a bullying DCA (acting as an agent for the creditor) or were you in a DMP which paid £20 (acting as your agent)?

What was the claim issue date? Your thread started in December 2015 and you'd already received a Default Notice in July 2008 (?) which you didn't remedy by the date requested.

Di

[MikeG]

Re: Confusion about cause of action on statute barred account

Where did they get they '' 22/03/2011'' date from I wonder? Even the default notice is dated 2008 and there's no payments showing after then.

Imagination?

This is the letter I received when I said that it was statute barred

[MikeG]

Re: Confusion about cause of action on statute barred account

In your first post you say your last ever payment was on the 17th June 2008.

On that statement you've just uploaded it shows a credit ("payment - cheque") from a DCA for £20 on 19th August 2009. Did you pay £20 to a bullying DCA (acting as an agent for the creditor) or were you in a DMP which paid £20 (acting as your agent)?

What was the claim issue date? Your thread started in December 2015 and you'd already received a Default Notice in July 2008 (?) which you didn't remedy by the date requested.

Di

I have never been in a DMP and I have no idea where this £20 has come from. I have looked at my bank statements and there is nothing that remotely looks like £20 paid to anyone. The claim issue date 14 Jan 2016