Help please.is this a statue barred debt.

[Major Disaster]

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

Hi Beagles,
An update as to proceedings, As of yet I havent recieved any proof/agreement forms from the claimants and was wondering if it is normal for them to leave it so late to send them?
With the 28 day extension it worked out at 1st September, do i have to put in a defence before this date? Also would you lovely beagles help me in respect of what i should do next or how i would word my defence.
Many Thanks MD

[FlamingParrot]

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

Hi Beagles,
An update as to proceedings, As of yet I havent recieved any proof/agreement forms from the claimants and was wondering if it is normal for them to leave it so late to send them?

It is, simply because they haven't got them, claims are issued speculatively in the hope of obtaining default judgment. :mad2: :mad2:

With the 28 day extension it worked out at 1st September, do i have to put in a defence before this date?

YES, you do! :thumb: If you don't, they can request default judgment! :scared:

Also would you lovely beagles help me in respect of what i should do next or how i would word my defence.
Many Thanks MD

This is the standard generic defence to be used when no documents are supplied: http://www.legalbeagles.info/forums/...t-Court-Claims. You'll need to adapt it and may be an idea to post up a draft. :typing:

If you are using SBd in your defence, take a look here: http://www.legalbeagles.info/forums/...011#post494011

[Major Disaster]

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

This is the standard generic defence to be used when no documents are supplied: http://www.legalbeagles.info/forums/...t-Court-Claims. You'll need to adapt it and may be an idea to post up a draft. :typing:

If you are using SBd in your defence, take a look here: http://www.legalbeagles.info/forums/...011#post494011

Hi FP and all Beagles, THANK YOU for the links for the defence letters, :thumb: Please can you check over my draft, Also can you please advise me as to what i should put as a heading to the defence letter and also should i send it recorded delivery or can I email it to them.
Many Many Thank you's
MD

1: I received the claim B**T8**3 from the Northampton County Court Business Centre on 04 july 2015


2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.


3: This claim is for a Credit Facility regulated under the Consumer Credit Act 1974.


4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


5. The claim is Statute barred by virtue of section 5 of the Limitations Act 1980.


6. The Claimants statement of case states that the account was assigned from Black Horse LTD to Hillesden Securities LTD ,No date of assignment is given. The Defendant does not recall receiving notice of this assignment.


7. It is denied that Black Horse LTD served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.


8: On the 7th July 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Aplins Solicitors . I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .


9. Aplins Solicitors has not sent any of these documents to me.


10. On the 7th july 2015 I sent a formal request for a copy of the original agreement to Hillesden Securities pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.


11. The Claimant has failed to comply with s 77 (1) Consumer Credit Act 1974 and by virtue of s 77 (4) Consumer Credit Act 1974 cannot enforce the agreement.


12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.


13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.


14. It is denied that the Claimant is entitled to the relief as claimed or at all.


Statement of Truth


The Defendant believes that the facts stated in this Defence are true.






Signed …………………………………………


Dated .................................................. ....

[FlamingParrot]

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

Hi FP and all Beagles, THANK YOU for the links for the defence letters, :thumb: Please can you check over my draft, Also can you please advise me as to what i should put as a heading to the defence letter and also should i send it recorded delivery or can I email it to them.
Many Many Thank you's
MD

1: I received the claim B**T8**3 from the Northampton County Court Business Centre on 04 july 2015

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim is for a Credit Facility regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The claim is Statute barred by virtue of section 5 of the Limitations Act 1980.

I know the example does say Limitations Act but it's actually just Limitation Act 1980: http://www.legislation.gov.uk/ukpga/1980/58 (just being picky )

6. The Claimants statement of case states that the account was assigned from Black Horse LTD to Hillesden Securities LTD ,No date of assignment is given. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Black Horse LTD served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 7th July 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Aplins Solicitors . I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

Square brackets should be removed.

9. Aplins Solicitors has not sent any of these documents to me.

10. On the 7th july 2015 I sent a formal request for a copy of the original agreement to Hillesden Securities pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s 77 (1) Consumer Credit Act 1974 and by virtue of s 77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

If it was a loan it should be s.77 throughout, s.78 relates to credit cards.[/QUOTE]
:thumb:

[Major Disaster]

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

Thank you FP, will amend straight away, What about the heading, do i just put me v them Claim number etc ? sorry for sounding dumb but ive never done this before and just want to make sure everything is right and goes on time..

Many thanks again MD:clap2:

[FlamingParrot]

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

The heading is as below:

IN THE COUNTY COURT BUSINESS CENTRE

CLAIM NO: XXXXXX

BETWEEN

HILLSEDEN SECURITES LTD

CLAIMANT

V

MAJOR DISASTER

DEFENDANT

__________________________________________________ _

DEFENCE
__________________________________________________ _

[Major Disaster]

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

Fantastic :okay: Thank You FP..

[Major Disaster]

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

Would I need to send this Recorded Delivery?

[FlamingParrot]

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

Would I need to send this Recorded Delivery?

You can submit your defence online on the MCOL site. :typing:

[Major Disaster]

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

Hi FP,
ok I have logged on to MCOL and tried to put in claim number and password that came on the claim forms but everytime it says invalid claim number/password ? ive tried dozens of times thinking i was typing wrong but to no avail. any ideas FP ? should i just post instead?

[FlamingParrot]

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

Hi FP,
ok I have logged on to MCOL and tried to put in claim number and password that came on the claim forms but everytime it says invalid claim number/password ? ive tried dozens of times thinking i was typing wrong but to no avail. any ideas FP ? should i just post instead?

There are times when MCOL just won't work. :mad2: :mad2: :mad2:

You can submit your defence by email to: ccbcdefendants@hmcts.gsi.gov.uk On the subject field you should put: Claim No. xxxxxxxx - HILLSEDEN SECURITES LTD v MAJOR DISASTER - DEFENCE

Then the text of your defence in the body of the email. :typing:

You should get an automated email confirmation. :thumb:

[Major Disaster]

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

Hi Beagles, I have an UPDATE as to proceedings, and hopefully you can help.
I have recieved a "General Directions Order" from the CCBC, it states that. :

Before Deputy District Judge Elsey, it is ordered that:
The application to strike out the defence and enter judgment must be heard on notice to the Defendent.
The claim be transferred to the Defendents local County Court Hearing Centre.

NOTE: This order has been made without a hearing under the courts case management powers contained in the civil procedures rules part 3. You may within 7 days of service of this order,apply to the court to set aside or to vary the order under part 23 rule 10.You must file with the Court,and serve on the other parties,an application that sets out your reasons for objection. A fee is payable upon filing of the applicatio0n.When your objection is recieved the matter will be listed for hearing unless you ask the court to vary the order without a hearing.

I had recieved a letter previously saying that they wanted to strike out the defence so i sent some paperwork i had found about this debt to the court manager and this is what i have now got back...

I have no idea what this all means so your help would be invaluble.. FP hope you can help.

Many Thanks MD

[nemesis45]

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

Hi Beagles, I have an UPDATE as to proceedings, and hopefully you can help.
I have recieved a "General Directions Order" from the CCBC, it states that. :

Before Deputy District Judge Elsey, it is ordered that:
The application to strike out the defence and enter judgment must be heard on notice to the Defendent.
The claim be transferred to the Defendents local County Court Hearing Centre.

NOTE: This order has been made without a hearing under the courts case management powers contained in the civil procedures rules part 3. You may within 7 days of service of this order,apply to the court to set aside or to vary the order under part 23 rule 10.You must file with the Court,and serve on the other parties,an application that sets out your reasons for objection. A fee is payable upon filing of the applicatio0n.When your objection is recieved the matter will be listed for hearing unless you ask the court to vary the order without a hearing.

I had recieved a letter previously saying that they wanted to strike out the defence so i sent some paperwork i had found about this debt to the court manager and this is what i have now got back...

I have no idea what this all means so your help would be invaluble.. FP hope you can help.

Many Thanks MD

It means the procedural judge has ordered that a hearing is to take place at your local court at
which the claimant is applying to have your defence struck out (scrapped) and the claimant wants
the judge to award judgement in their favour immediately.

You will need to attend and give reasons why your defence should stand and the
claim should go to trial.

There is the application fee must be paid within 7 days together with you objections
to the defence being struck out.

nem

[FlamingParrot]

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

Hi Beagles, I have an UPDATE as to proceedings, and hopefully you can help.
I have recieved a "General Directions Order" from the CCBC, it states that. :

Before Deputy District Judge Elsey, it is ordered that:
The application to strike out the defence and enter judgment must be heard on notice to the Defendent.
The claim be transferred to the Defendents local County Court Hearing Centre.

NOTE: This order has been made without a hearing under the courts case management powers contained in the civil procedures rules part 3. You may within 7 days of service of this order,apply to the court to set aside or to vary the order under part 23 rule 10.You must file with the Court,and serve on the other parties,an application that sets out your reasons for objection. A fee is payable upon filing of the applicatio0n.When your objection is recieved the matter will be listed for hearing unless you ask the court to vary the order without a hearing.

I had recieved a letter previously saying that they wanted to strike out the defence so i sent some paperwork i had found about this debt to the court manager and this is what i have now got back...

That means the cheeky sods have applied to strike out your defence and enter summary judgment. :mad2: :mad2: Looks like you were informed about the application and you objected to it in a way. It would have been better if you had posted up here because ideally you should drafted a witness statement opposing the application and attaching the exhibits to it, however, it seems to have done the trick in terms of getting a hearing listed so you can put your objections forward. :thumb:

I have no idea what this all means so your help would be invaluble.. FP hope you can help.

Many Thanks MD

I can try...

The above may be a bit confusing because the order says that the claimant's application for summary judgment should be dealt with at a hearing, which is exactly what you want, i.e. an opportunity to present your evidence. :juge: You don't want to submit an application objecting to what the court has ordered because the order IS that there should be a hearing where you will be able to object to their application. The same order would have been served on the claimants who may have been hoping for the whole thing to have been dealt with without a hearing.

[FlamingParrot]

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

It means the procedural judge has ordered that a hearing is to take place at your local court at
which the claimant is applying to have your defence struck out (scrapped) and the claimant wants
the judge to award judgement in their favour immediately.

You will need to attend and give reasons why your defence should stand and the
claim should go to trial.

There is the application fee must be paid within 7 days together with you objections
to the defence being struck out.

nem

What application fee? :noidea: It is the CLAIMANT who has made an application to the court to strike out the defence and enter summary judgment, the OP sent some paperwork to the court when they were notified of the application so the court has ordered that the matter be dealt with at a hearing which is obviously what the OP (and all of us) wanted: an opportunity to put forward their objections. :thumb: The OP doesn't need to make an application to the court for anything at this stage, just draft a witness statement with their evidence attached as exhibits, in preparation for the hearing which I assume, is yet to be scheduled. :juge: