Help please.is this a statue barred debt.

[FlamingParrot]

Re: Help please.is this a statue barred debt.

Thanks FP, something is not right here then because how can it be started in 2005 and only default in 2011?

Morning Major Disaster.
I agree with you that if you opened the account in 2005 and didn't make any payments it should have been defaulted earlier however there are several reasons as to why this may be the case, some of them perfectly reasonable some not.
if it was a buy now pay later deal.
did you make any payments, I know you mentioned your life was a bit all over the place in 2005
the original creditor may not have defaulted the account until they were ready to sell, shouldn't happen but does

The start date is when you open the account. In most cases, there would be a set date every month when payments are due, however, there are some accounts where you pay nothing for a certain period of time. This is common with furniture deals, however, this period of time is usually a year or thereabouts, not six years.

once you know who the Original creditor is it may be worth sending a SAR although the results would be too late for your defence ( I believe there is a mechanism for amending defences if necessary, FP would be able to explain)
i hope I haven't confused you, I am a bit of a what if and belt n braces type of person

If a SBd defence is submitted, the burden of proof is on the claimant to establish that it isn't SBd. They would have to show that no payments were due for a period of time after 2005, this would be on the agreement, however, they would have to show no payments were due till 2009 to be able to argue it's not SBd is no payments were ever made. I doubt this would be the case.

It is possible to submit a combined defence stating that the account is SBd as well as the fact no documents were received, however, we have to wait a little longer to see what (if anything) is sent in response to the requests. :thumb:

[nemesis45]

Re: Help please.is this a statue barred debt.

Thanks FP, something is not right here then because how can it be started in 2005 and only default in 2011?

The start date is the point at which the account became live,.
There can be some advantages to having an " early" agreement (prior to April 2007) when changes to CCA 1974 came "live"
nem

[Major Disaster]

Re: Help please.is this a statue barred debt.

Hi Guys , once again thank you all so much for gyiding me through this, just to update you I have sent off the cpr and cca requests this morning by recorded post. So now my questio is what happens next or what do i have to do next ?
Many thanks
MD

[nemesis45]

Re: Help please.is this a statue barred debt.

Hi Guys , once again thank you all so much for gyiding me through this, just to update you I have sent off the cpr and cca requests this morning by recorded post. So now my questio is what happens next or what do i have to do next ?
Many thanks
MD

Start thinking about what you have to defend the claim in preparation to write your defence.
Compliance for a CCA request is within 12 + 2 Working days so there's a period of waiting there.

Find out all you can to support the claim that the debt is statute barred.

nem

- - - Updated - - -

Hi Guys , once again thank you all so much for gyiding me through this, just to update you I have sent off the cpr and cca requests this morning by recorded post. So now my questio is what happens next or what do i have to do next ?
Many thanks
MD

Start thinking about what you have to defend the claim in preparation to write your defence.
Compliance for a CCA request is within 12 + 2 Working days so there's a period of waiting there.

Find out all you can to support the claim that the debt is statute barred.

nem

- - - Updated - - -

Hi Guys , once again thank you all so much for gyiding me through this, just to update you I have sent off the cpr and cca requests this morning by recorded post. So now my questio is what happens next or what do i have to do next ?
Many thanks
MD

Start thinking about what you have to defend the claim in preparation to write your defence.
Compliance for a CCA request is within 12 + 2 Working days so there's a period of waiting there.

Find out all you can to support the claim that the debt is statute barred.

nem

[FlamingParrot]

Re: Help please.is this a statue barred debt.

Hi Guys , once again thank you all so much for gyiding me through this, just to update you I have sent off the cpr and cca requests this morning by recorded post. So now my questio is what happens next or what do i have to do next ?
Many thanks
MD

There is no need to chase the CCA request as non-compliance is a bar to enforcement, albeit only for as long as they are in default, meaning they can supply the agreement at any time and then it would have to be assessed on its own merits.

They should respond to the CPR request in 7 days, the chances of that happening are almost nil. Once the time's up, you need to chase Aplins for the documents and if they can't supply them, you may want to ask them to agree to a 28 day extension as allowed under CPR 15.5.

Keep an eye on the calendar so you don't miss the deadline. :clock:

[nemesis45]

Re: Help please.is this a statue barred debt.

Apologies for the repeats MD browser on the blink.

nem

[jon1965]

Re: Help please.is this a statue barred debt.

Apologies for the repeats MD browser on the blink.

nem

Maybe a reinstall or update is needed, I know FP is pretty good at this I.T. stuff and that it has been a problem for you for a while now

[Major Disaster]

Re: Help please.is this a statue barred debt.

They should respond to the CPR request in 7 days, the chances of that happening are almost nil. Once the time's up, you need to chase Aplins for the documents and if they can't supply them, you may want to ask them to agree to a 28 day extension as allowed under CPR 15.5.

Keep an eye on the calendar so you don't miss the deadline. :clock:

Hi Guys , I havent recieved anything yet from either letter i posted off , is this normal? should I be doing anything in the meantime?

Many thanks MD

[FlamingParrot]

Re: Help please.is this a statue barred debt.

Hi Guys , I havent recieved anything yet from either letter i posted off , is this normal? should I be doing anything in the meantime?

Many thanks MD

Yes, you should be chasing the CPR request with Aplins, an email with a follow up by phone if necessary should be fine. You need to tell them that they should have had the documents before issuing the claim and you need them to prepare your defence, so would they be so kind as to agree to a 28 day extension as per CPR 15.5 to file your defence. If they agree, you need to inform the court in writing (email would be fine). :typing:

Don't chase the CCA request as non-compliance is a bar to enforcement and you'd put that in your defence.

Keep an eye on the calendar, if you don't get an extension you need to file a defence before the 33 days are up. :clock:

[Major Disaster]

Re: Help please.is this a statue barred debt.

Yes, you should be chasing the CPR request with Aplins, an email with a follow up by phone if necessary should be fine. You need to tell them that they should have had the documents before issuing the claim and you need them to prepare your defence, so would they be so kind as to agree to a 28 day extension as per CPR 15.5 to file your defence. If they agree, you need to inform the court in writing (email would be fine). :typing:

Don't chase the CCA request as non-compliance is a bar to enforcement and you'd put that in your defence.

Keep an eye on the calendar, if you don't get an extension you need to file a defence before the 33 days are up. :clock:

Hi Beagles, An update as I have recieved 2 letters, The first from Aplins saying they acknowledge reciept of my request for disclosure "our client is still awaiting documentation from the original lender.As soon as we are able to provide you with a full response,we will do so, should you reqiure an extension of time to file your defence,we will consent to an extension of 28 days".


and the second from DLC saying they acknowledge reciept of the £1.00 fee for request of documentation "we have filed a request with the original lender,Black Horse Ltd for the documentation,in the interim,your account will be placed on hold,
In the event that we are not able to provide you with a copy of the original aggreement we will supply a reconstituted copy which satifies the requirment of the act. we will update you on developments in 21 days if there are no developments beforehand."

Question: how can they reconstitute a copy ? can they cut and paste any old thing together?
Also it seems to me that DLC and Hillesden are the same company so how can thier client be Hillesden when they are 1 the same??

Many Thanks MD

[FlamingParrot]

Re: Help please.is this a statue barred debt.

Hi Beagles, An update as I have recieved 2 letters, The first from Aplins saying they acknowledge reciept of my request for disclosure "our client is still awaiting documentation from the original lender.As soon as we are able to provide you with a full response,we will do so, should you reqiure an extension of time to file your defence,we will consent to an extension of 28 days".

OK, you need to inform the court that they have agreed to a 28 day extension: http://www.legalbeagles.info/forums/...filing-defence

The 28 days are on top of your previous 33 days. :thumb:

and the second from DLC saying they acknowledge reciept of the £1.00 fee for request of documentation "we have filed a request with the original lender,Black Horse Ltd for the documentation,in the interim,your account will be placed on hold,

That's a generic template that does not relate to situations where proceedings have been issued, so ignore the 'on hold' bit. You still need to file a defence when the 28 day extension expires.

In the event that we are not able to provide you with a copy of the original aggreement we will supply a reconstituted copy which satifies the requirment of the act. we will update you on developments in 21 days if there are no developments beforehand."

Question: how can they reconstitute a copy ? can they cut and paste any old thing together?

They can supply a recon from what would have been your T&Cs at the time you opened the account but the recon has to be honest and accurate. Having said that, only the original lender could provide a proper recon, how would a debt purchaser know what the terms were at the time you set up the account? That sounds like a generic template response.

- - - Updated - - -

Hi Beagles, An update as I have recieved 2 letters, The first from Aplins saying they acknowledge reciept of my request for disclosure "our client is still awaiting documentation from the original lender.As soon as we are able to provide you with a full response,we will do so, should you reqiure an extension of time to file your defence,we will consent to an extension of 28 days".

Also it seems to me that DLC and Hillesden are the same company so how can thier client be Hillesden when they are 1 the same??

Aplins who are the solicitors are referring to their clients Hillesden/DLC.

[nemesis45]

Re: Help please.is this a statue barred debt.

Hi Beagles, An update as I have recieved 2 letters, The first from Aplins saying they acknowledge reciept of my request for disclosure "our client is still awaiting documentation from the original lender.As soon as we are able to provide you with a full response,we will do so, should you reqiure an extension of time to file your defence,we will consent to an extension of 28 days".


and the second from DLC saying they acknowledge reciept of the £1.00 fee for request of documentation "we have filed a request with the original lender,Black Horse Ltd for the documentation,in the interim,your account will be placed on hold,
In the event that we are not able to provide you with a copy of the original aggreement we will supply a reconstituted copy which satifies the requirment of the act. we will update you on developments in 21 days if there are no developments beforehand."

Question: how can they reconstitute a copy ? can they cut and paste any old thing together?
Also it seems to me that DLC and Hillesden are the same company so how can thier client be Hillesden when they are 1 the same??

Many Thanks MD

A reconstituted agreement, Must Have the Following Elements Not just the opening T's & C's.

1. Your name and address as it was when the account was opened ( a common point of failure)

2. The Creditors name and address at the time the account was opened (another point of failure when mergers/take overs have been involved.

3. The Terms and Conditions relevant when the account was opened.

4. The T's & C's relevant when the account was closed.

5. Any other documents mentioned in the T's & C's.

6. Any material amendments made to the T's & C's made during the
life of the agreement.

The financial information must be exactly that in force at inception and
closure of an account.

A recon agreement may satisfy a CCA request but enforceability is a different matter.

An recon should not be taken at " face value".
DLC is jus tanother company in the group that
takes on collections and management of accounts
for the parent company, hence the term client. ( it makes them feel more important)

nem

[Major Disaster]

Re: Help please.is this a statue barred debt.

Hi Beagles, So sorry for late reply but ive had an unplanned stay in hospital due to my ongoing stomach problems, I wont go into the gory details but suffice to say it wasnt pleasent,.. Can i take this opportunity to again thank you all from the bottom of my heart for helping me out with this, i really dont know what i would have done without it..

FlamingParrott.. the link you have put up for me to send to the courts to tell them about the extension, what date would i put at the end of the message? sorry for sounding dumb FP but my heads all over the place.
Nem : thanks for all that info , it is very much appreciated.:okay:

Many thanks MD

[Kati]

Re: Help please.is this a statue barred debt.

FlamingParrott.. the link you have put up for me to send to the courts to tell them about the extension, what date would i put at the end of the message? sorry for sounding dumb FP but my heads all over the place.

what date is on the claim form (date of issue) you get 33 days from then PLUS the 28 day extension This link (http://www.timeanddate.com/date/dateadd.html) should help you out there xx

[Major Disaster]

Re: Help please.is this a statue barred debt.

what date is on the claim form (date of issue) you get 33 days from then PLUS the 28 day extension This link (http://www.timeanddate.com/date/dateadd.html) should help you out there xx

Thank you Kati....