CCJ application for statute barred debt

[jimbobbottletop]

Hi all,

First post ever on here so my appologies if I make no sense!

I have just recieved a claim form that has ME111 as the claimant and Mortimer Clarke as the solicitor.

The particulars of claim are as follows:
By agreement between WELCOME FINANCIAL SERVICES LTD & the defendant on or around 08/01/2008 ("the agreement") WELCOME FINANCIAL SERVICES LTD agreed to loan the defendant monies. The defendant did notpay the instalments as they fell due and the agreement was terminated. The agreement was assigned to the claimant. THE CLAIMANT THEREFORE CLAIMS 2081.48

So, basically this was a welcome finance loan that was taken out when I was very ill a long time ago and allready in financial difficulty.

I entered into a debt management plan after a short period of time when I returned to work and as part of the procces contacted creditors to find out balances.

Welcome finance wrote back at this time and said they had no record of the debt, this was around 2009.

I am not sure what to do with the claim form as my noddle shows no record of the account at all and I believe there is a good chance that this is now statute barred.

Should I put in a defence that I believe it is statute barred and that I have requested a copy of the cca along with last aknowledgement info to prove that it is in statute?

I'm sorry if this is gibberish, I really know absolutely nothing about these matters?!

Thanks in advance

J

[jimbobbottletop]

Re: CCJ application for statute barred debt

Anyone at all? Could really do with some help as the response date is creeping up.

Thanks

J

[nemesis45]

Re: CCJ application for statute barred debt

Hi,

Stat Barred in England & Wales = 6 years without any payments or written acknowledgment of the debt you will need to find out when the last payment was made via your DMP.

Sorry for the late reply technical problems!

[jimbobbottletop]

Re: CCJ application for statute barred debt

Thanks very much for the reply, I don't think it was taken in as part of the DMP as when I wrote to them to ask balance and let them know that we would be entering into a DMP, they wrote back and said that they had no record of the account.

They obviously found it at some stage but I'm fairly sure it's been 6 years or more without any payment or written aknowlegement of the debt.

If I ask them for the CCA and details of default (which I have never seen and isnt on noddle) / or last payment, could I site this in my response as vital for my defense ie putting the onus on them to prove that it is not stat barred?

Cheers very much and a belated merry christmas!

J

[Diana M]

Re: CCJ application for statute barred debt

I have just recieved a claim form that has ME111 as the claimant and Mortimer Clarke as the solicitor.

The particulars of claim are as follows:
By agreement between WELCOME FINANCIAL SERVICES LTD & the defendant on or around 08/01/2008 ("the agreement") WELCOME FINANCIAL SERVICES LTD agreed to loan the defendant monies. The defendant did notpay the instalments as they fell due and the agreement was terminated. The agreement was assigned to the claimant. THE CLAIMANT THEREFORE CLAIMS 2081.48

Welcome finance wrote back at this time and said they had no record of the debt, this was around 2009.

I am not sure what to do with the claim form as my noddle shows no record of the account at all and I believe there is a good chance that this is now statute barred.

Should I put in a defence that I believe it is statute barred and that I have requested a copy of the cca along with last aknowledgement info to prove that it is in statute?

I'm sorry if this is gibberish, I really know absolutely nothing about these matters?!J

You're not talking gibberish at all

First things first. What is the claim Issue Date?

You need to go online and file your Acknowledgement of Service stating that you intend to Defend all of the Claim within 19 days of that date.

Be careful not to file your Defence at the same time by mistake.

Once you've done that you'll have 33 days from the claim Issue Date (shown on the top right hand corner of the claim form) to file your Defence. So there's plenty of time to work out what your Defence may be.

It's always a good idea to put forward as many legal arguments as you can in case one falls down.

So definitely send the Claimant (as named on the summons) a s.77 CCA Request for this old loan.

Welcome Finance loans can have problems.

So, how much was the loan for and how long was the original term meant to be? The expiry date may have an impact on the SB status of the debt regardless of when you last paid anything to anyone.

Di

[nemesis45]

Re: CCJ application for statute barred debt

Thanks very much for the reply, I don't think it was taken in as part of the DMP as when I wrote to them to ask balance and let them know that we would be entering into a DMP, they wrote back and said that they had no record of the account.

They obviously found it at some stage but I'm fairly sure it's been 6 years or more without any payment or written aknowlegement of the debt.

If I ask them for the CCA and details of default (which I have never seen and isnt on noddle) / or last payment, could I site this in my response as vital for my defense ie putting the onus on them to prove that it is not stat barred?

Cheers very much and a belated merry christmas!

J

Good morning,

If they fail to supply a complaint CCA or a compliant reconstituted one the debt is rendered unenforceable until they do.

Statute Barred :- The debt must already be statute barred on the date the claim was issued. Statute Barred is a complete defence and yes the claimant must prove that it isn't.

Happy Christmas J!!

nem

[jimbobbottletop]

Re: CCJ application for statute barred debt

I don't have any records at all for this now unfortunately, as I moved house a long while ago and everything went a bit jumble sale?!

My recollection is that it was 2 years and £2k, so not even sure how that balance has been arrived at.

So in theory, the end of agreement should have been 2010ish, would these details be something I could request from welcome finance or would that count as aknowlegement and negate the stat barred status if it exists?

The issue date was 12th dec so plus 5 for service date puts response date as 31st(happy new year).

When you say that welcome finance loans can have problems, do you mean they are hard to defend?

Thanks very much for helping folks, it's very much appreciated

[nemesis45]

Re: CCJ application for statute barred debt

I don't have any records at all for this now unfortunately, as I moved house a long while ago and everything went a bit jumble sale?!

My recollection is that it was 2 years and £2k, so not even sure how that balance has been arrived at.

So in theory, the end of agreement should have been 2010ish, would these details be something I could request from welcome finance or would that count as aknowlegement and negate the stat barred status if it exists?

The issue date was 12th dec so plus 5 for service date puts response date as 31st(happy new year).

When you say that welcome finance loans can have problems, do you mean they are hard to defend?

Thanks very much for helping folks, it's very much appreciated

Some have found that a quick call to Welcome has come up with good results.
No not hard to defend but when then company ceased trading there was a huge amount of paperwork from the branches that went missing, also many loans were rewritten sometimes it seems without the customers knowledge.

nem

[cymruambyth]

Re: CCJ application for statute barred debt

You have longer than the 31st, you need to complete the AOS and say that you will defend the whole claim. That will give you a total of 33 days from the date of issue to submit your defence.

[jimbobbottletop]

Re: CCJ application for statute barred debt

Right then,

Aos submitted with the intent to defend.

So... where do we go from here, is there a template to request cca and details of default / last payment etc and should I hang fire with the defence submission until I can add my requests for these documents to the narrative of my defence ie. I believe this to be statute barred and have asked for details?

Part of the defence would also be the fact that I have no clue how they have that balance so i guess requesting account activity in terms of payments made would be part of his too.

Thanks

J

[nemesis45]

Re: CCJ application for statute barred debt

Right then,

Aos submitted with the intent to defend.

So... where do we go from here, is there a template to request cca and details of default / last payment etc and should I hang fire with the defence submission until I can add my requests for these documents to the narrative of my defence ie. I believe this to be statute barred and have asked for details?

Part of the defence would also be the fact that I have no clue how they have that balance so i guess requesting account activity in terms of payments made would be part of his too.

Thanks

J

Hello Jim,

Templates are in the " green box" at the top of the "court claim" forum.

There's a £1 statutory fee for the CCA request use a Postal Order marked " For Statutory Fee Only" and send by signed for post and check delivery date.

CPR request (no fee) goes to the solicitors, you can only request documents that are mentioned in the Particulars of Claim do not add anything else.

As to asking for account details the CCA request will provide for a current statement of the account not an historical one.

These cannot be requested with CCA request or CPR 31.14 request, ask the original creditor if they can supply the date of the last payment and the amount of the debt when is was sold.

Check your credit files as well.

nem

[MIKE770]

Re: CCJ application for statute barred debt

CCA Request || CPR 31.14 Request

[jimbobbottletop]

Re: CCJ application for statute barred debt

Hi guys,

Been horribly tied up with work and am only just coming back to this?!?!?!

So, the CPR letter, what documents am I referring to in this? The claim only really mentions "the agreement" is this not the same CCA that I am requesting anyway or can I ask for proof of ownership and what theyve added on aswel, as they mention that it is assigned to them?

Also, my own fault I know, Im a bit concerned as issue date was 12/12, am I ok sending this Monday (no printer at home) as does this not mean I am not giving them enough time to respond before I need to respond next week.

Do I need to send copies of these docs to the court when I send them to the solicitor and claimant?

Thanks guys

J

[jimbobbottletop]

Re: CCJ application for statute barred debt

Hi all, after i sent the letters, i recieved a response saying that they have confirmed reciept but nothing more.

This was back at the start of Jan and nothing until today when I have recieved a letter of arrears from ME III ltd that makes no reference to ccj application.

Does anyone have any advice at all as to where to go now as it appears to be in limbo.

Thanks all

J

[nemesis45]

Re: CCJ application for statute barred debt

[QUOTE=jimbobbottletop;721247]Hi all, after i sent the letters, i recieved a response saying that they have confirmed reciept but nothing more.

This was back at the start of Jan and nothing until today when I have recieved a letter of arrears from ME III ltd that makes no reference to ccj application.

Does anyone have any advice at all as to where to go now as it appears to be in limbo.

Hi,

You need to check with the court office after the holiday to check on the status of the claim it's most probably stayed (suspended) if the claimant has not responded.

nem

Thanks all