Small claims court statute barred personal loan debt

Re: Small claims court statute barred personal loan debt

Thought this maybe of help to others and myself !
have defended a claim against me for repayment of a personal loan, and just lost in court :/

my defence was that it was statute barred being over six since last payment. Action being taken against me after six year period.

first off had hearing for directions.

A directions hearing is not that usual in small claims cases. Did the claimant say they would be applying for summary judgment after receiving your defence?

Claimant only had photo copy's no original paperwork. Judge stated copy's not admissible ( is this a fact or just him ? ) and that originals would have to be produced.
was ask if I would proceed there and then on copied evidence, or proceed to hearing proper. Decided to continue to main hearing, as there was a good chance claimant couldn't come up with original paperwork !

What did this paperwork relate to? Was it the credit agreement or statements showing that the debt was not SBd?

main hearing different Judge. Claimant still only had copy's, but judge dismissed first judges comments re originals, saying 'she didn't know what he had said as she wasn't there ! She accepted claimant argument that six years started on default date backed by BMW v Hart court of appeal case history which was specific to HP contact, not personal loan. She dismissed my defence of last payment date as cause of action !

That's because the last payment date is not generally the cause of action, unless you had already defaulted and were making payments under an arrangement or DMP. It's not so much that BMW v Hart was specific to a HP contract, it referred to the actual terms of the contract indicating when action could be taken. If there were similar terms in your loan agreement, that could also apply. Did they present copies of your agreement showing terms that indicated the debt could not be statute barred for that reason?

Also bear in mind that the six years run only until the day the claim is issued, not the date of the hearing, or when you submitted your defence.

so stitch up or what ?

question do I have a case for appealing this judgement ?

You'd need to give us more details regarding the loan agreement, preferably post up a redacted copy (the document you posted is just a screenshot of your own post) and the dates you used to say it was SBd as well as the contents of your defence.

How much was the judgment for?

should it it be an appeal or should I ask for set a side or are these the same thing in this case ?

It would be an appeal because the case went to court and you were present. A set aside applies to default judgment when you didn't defend or appear in court.

judge said before we started that we could appeal again did she mean ask if we could appeal or was that permission to appeal ???

14 day time limit ? But from when, her judgment in court or when we get hard copy in post ?

Any thoughts guys

You need to file a notice of appeal, normally it would be 21 days from date of the judgment not copy in the post, as you appeared in court and are aware of the judgment. Looks like in this case they've given you only 14 days to file a notice. A fee would be payable unless you qualify for fee remission. You'll also need to request a transcript of the judgment, what you'll receive in the post will just be the court order ordering you to pay a certain amount by a certain date or in installments as agreed.

Can you post up your agreement and your defence as well as your dates and judgment amount before going forward?

[JunoJuno]

Statue Barred Small claims court this week !

Please see attachment thanks

[Kati]

Re: Small claims court statute barred personal loan debt

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