Small claims court statute barred personal loan debt

[JunoJuno]

Re: Small claims court statute barred personal loan debt

Hi Rob so is it the case if I ring the court they should simplely be able to tell me the time period and if I have permission to appeal ? Do they have it on file there ? Girl on phone didn't seem to be able to tell me anything ! Hopeless. Any thoughts ?

cause of action date sorry not 100% sure. Only that she said 'I have to go with BMW v Hart as it was appeal court judgment.' So imagine it must have been as the BMW v Hart case cause of action ! That was the default notice, yes ? No great detail was gone into, and I had no knowledge of BMW v Hart to argue anything specific. The judge didn't question anything the claimant put forwards. Apart from solicitor wanted £200 plus for her time, reason, she acused me of being unreasonable have a second hearing and that it could have been settled at the direction hearing, she lied saying the directions Judge had voiced this, which was totally a lie, which is what I told second hear judge. She said that she didn't think it was unreasonable and didn't agree to ad the £260 fee she wanted.

[Amethyst]

Re: Small claims court statute barred personal loan debt

21 days to appeal as there is no order otherwise.

Also the 'statement' shows a balance of £1331 at default/termination but the claim against you was for £9k odd ?

[pt2537]

Re: Small claims court statute barred personal loan debt

quick question,

What was the term of the loan? How long was it due to run? what was the start date what was the end date?

[JunoJuno]

Re: Small claims court statute barred personal loan debt

Re Start of loan

[JunoJuno]

Re: Small claims court statute barred personal loan debt

20/12/2008 first payment 53 payments !

[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

Witness statement see below

[JunoJuno]

Re: Small claims court statute barred personal loan debt

Plus this

[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

Hi yes ! As below

[JunoJuno]

Re: Small claims court statute barred personal loan debt

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

[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.

[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,.

[JunoJuno]

Re: Small claims court statute barred personal loan debt

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

[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?