Small claims court statute barred personal loan debt

[JunoJuno]

Re: Small claims court statute barred personal loan debt

Does this carry any weight re sentence original documents.
or is it just a standard letter/notice ???
the judge dismissed it as not mean that the claimant had to produce originals, and that photo copy's were admissible as they were covered by signed letter from claimant solicitor.
surly this is wrong ?

[JunoJuno]

Re: Small claims court statute barred personal loan debt

I don't think I received a response pack ? Am struggling with the sort of language I should use re these issues, I know you said brief history etc do I just do it in plain English ???

[R0b]

Re: Small claims court statute barred personal loan debt

If that was your defence then youre in real difficulty procedurally.

There is no statement of truth per CPR 22 and PD 22.

The pleading doesnt appear to comply with CPR 16 either

Appealing will be very tricky as a result, if i were on the other side i would be considering a respondents notice taking the above points as alternate grounds to uphold the judgment.

Would be interested to hear Robs veiw on this too,.

Completely agree, there seem to be procedural non-compliance and there is the potential for them to raise these points in the appeal. However, in defence of that argument you could say that the judge exercised discretion and allowed the defence as it is and the issue of non compliance with PD16 was not raised by the claimant. Still doesn't prevent them from raising the faults though.

The issues I see so far is:

- Judge not give proper reasons for judgment, did not confirm date of causation. Did not allow defendant to make full submissions and question validity of claimant's evidence.
- (potential) judgment obtained by fraud in that they claimed that there was a £20 payment made when there does not appear to be. Making matters worse the claimant's solicitor has certified this when it should have been the bank, potential contempt of court.
- Faults with the default notice as pointed out by nemesis

Appealing will be always be tricky on this one but for the amount judgment is has been given, the question is up to Juno as to whether an extra £120 for appeal will be worth the money to potentially have it dismissed.

I am not saying there will be a definite success in appealing there will be some obstacles and you will have to show on the fraud argument that you could not have obtained the evidence in time for trial such as bank taking too long or again if you did then you were given no option to present this to the court as the judge already made her decision.

[JunoJuno]

Re: Small claims court statute barred personal loan debt

Will check timeline etc but don't forget I had hearing for directions then got a little later date for main hearing, I think this is all I put in but will check thanks

[Amethyst]

Re: Small claims court statute barred personal loan debt

When you sent that letter with your defence on in to the court did you send with it the completed defence form from the response pack ? or just that letter on its own?

Its dated 5th June so only two weeks before the hearing and on that letter you quote the date of the hearing - Hearings are not set until after the initial defence has been submitted and allocation questionnaires have been dealt with, so I'd guess that was maybe in response to something else from the court or the claimant? Witness statement or something maybe?


How did you respond to the original claim form when you received it?

[JunoJuno]

Re: Small claims court statute barred personal loan debt

Thanks PT yes would be good to hear more on this ?
Juno

[pt2537]

Re: Small claims court statute barred personal loan debt

Hi yes ! As below

If that was your defence then youre in real difficulty procedurally.

There is no statement of truth per CPR 22 and PD 22.

The pleading doesnt appear to comply with CPR 16 either

Appealing will be very tricky as a result, if i were on the other side i would be considering a respondents notice taking the above points as alternate grounds to uphold the judgment.

Would be interested to hear Robs veiw on this too,.

[pt2537]

Re: Small claims court statute barred personal loan debt

Usually appeal is 21 days from the date of judgment but can give a lower time like 14 days. Why are they saying you need to see a solicitor? The judge should have said and commented that permission to appeal was granted. Otherwise you have to file permission to appeal.

If you are certain the judge definitely said permission to appeal was granted then you should work off that basis.

There seems to appear to be a ground or two for appealing, but ultimately this is your decision as to whether or not you want to appeal it, or seek to make repayment arrangements.

Can you clarify what the judge said in her decision at the end? Did she specify what she said the date for cause of action was?

If permission to appeal was requested at the hearing by you, then if the Judge refused he must complete the N460 giving his reasons for refusing permission.

If you didnt ask for permission to appeal, then you have 21 days from the date of the decision.

You can apply to extend the time for appealing, for example if you need the transcript or if you dont have the N460 and are obliged to lodge it with an appeal notice etc.

[JunoJuno]

Re: Small claims court statute barred personal loan debt

Well starting to put my appeal together as have get it in midweek.
:/

[JunoJuno]

Re: Small claims court statute barred personal loan debt

Hi yes ! As below

[Amethyst]

Re: Small claims court statute barred personal loan debt

Thanks Juno. Your defence was only that the claim was statute barred ? ( a copy of that would be useful too)

[JunoJuno]

Re: Small claims court statute barred personal loan debt

Plus this

[JunoJuno]

Re: Small claims court statute barred personal loan debt

Witness statement see below

[Amethyst]

Re: Small claims court statute barred personal loan debt

so end date if you'd continued paying would have been May 2013 ?

DN was Jan 2010

Last payment made was April 2009 ? (so you'd made 17 monthly payments (about £3k overall? )

They claim last payment was Oct 2010.

Claim issued August 2015

Does their witness statement contain more argument ref BMW ?

[MENTION=551]pt2537[/MENTION]

[JunoJuno]

Re: Small claims court statute barred personal loan debt

20/12/2008 first payment 53 payments !