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Hello all,
new to the forum, and, after searching through various threads, have attempted to respond to a County Court claim, received yesterday (17/03/15).
I just need a bit of clarification and direction, so a brief history and what I've done is below;
The claim was from a company called MKDP LLP, and are claiming monies due to LTSB credit card from years ago. I've received numerous begs for monies from various DCAs all trying to get the monies but nothing for a while now. Although I have no evidence to prove i have made no acknowledgement of the debt since circa 2008/2009 (unsure of actual date), I am sure it falls under the Statute Limitations Act and is now, after the 6 years, barred. But, after checking my credit file, I was shocked to see that the report claims that the default date is as recent as April 2011. I have raised disputes on this with both Experian and Equifax, but after a bit of research, it appears that all they do when they raise a dispute is write to the creditor asking them to check and then all the creditor has to do is reply confirming it is correct. (useless).
So, my first step, please correct me if I'm wrong, was to return acknowledgement of the service to the country court by recorded delivery, with intent to defend all of the claim. This then gives me 28 days from the date of service, right?
Step 2, will be to send a SAR request to the original creditor (LTSB Credit card), including a £10 postal order. But, contrary to belief, wouldn't this be acknowledging the actual debt?
Step 3, will be to enter a defence, claiming I believe the original debt to be statute barred, and that the default date is incorrect.
In preparation for the defence, I am writing to the DCA with a CPR 31.14 request for documents.
Q: Should I receive confirmation from the court of my acknowledgement to the service? Will that confirm the actual date of service?
Q: When should I enter the defence? obviously within the time limits of the date date of service plus 28 days, but is it in anybody interest sooner or later? I doubt any of the information I have asked for will be sent through to me on time to include in my defence additional information, so should I just write on the form that I have requested it and am awaiting a reply?
Q: Is it up to me to prove the default date is incorrect? If so, how do I do that?
It's taken me all day to learn all of the above, and have taken a day off work to do so. I apologise if it's a bit long winded and appreciate any help and advice I receive.
thanks :-)
new to the forum, and, after searching through various threads, have attempted to respond to a County Court claim, received yesterday (17/03/15).
I just need a bit of clarification and direction, so a brief history and what I've done is below;
The claim was from a company called MKDP LLP, and are claiming monies due to LTSB credit card from years ago. I've received numerous begs for monies from various DCAs all trying to get the monies but nothing for a while now. Although I have no evidence to prove i have made no acknowledgement of the debt since circa 2008/2009 (unsure of actual date), I am sure it falls under the Statute Limitations Act and is now, after the 6 years, barred. But, after checking my credit file, I was shocked to see that the report claims that the default date is as recent as April 2011. I have raised disputes on this with both Experian and Equifax, but after a bit of research, it appears that all they do when they raise a dispute is write to the creditor asking them to check and then all the creditor has to do is reply confirming it is correct. (useless).
So, my first step, please correct me if I'm wrong, was to return acknowledgement of the service to the country court by recorded delivery, with intent to defend all of the claim. This then gives me 28 days from the date of service, right?
Step 2, will be to send a SAR request to the original creditor (LTSB Credit card), including a £10 postal order. But, contrary to belief, wouldn't this be acknowledging the actual debt?
Step 3, will be to enter a defence, claiming I believe the original debt to be statute barred, and that the default date is incorrect.
In preparation for the defence, I am writing to the DCA with a CPR 31.14 request for documents.
Q: Should I receive confirmation from the court of my acknowledgement to the service? Will that confirm the actual date of service?
Q: When should I enter the defence? obviously within the time limits of the date date of service plus 28 days, but is it in anybody interest sooner or later? I doubt any of the information I have asked for will be sent through to me on time to include in my defence additional information, so should I just write on the form that I have requested it and am awaiting a reply?
Q: Is it up to me to prove the default date is incorrect? If so, how do I do that?
It's taken me all day to learn all of the above, and have taken a day off work to do so. I apologise if it's a bit long winded and appreciate any help and advice I receive.
thanks :-)
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