Drydensfairfax claim form statute barred debt!!

[labby1]

Re: Drydensfairfax claim form statute barred debt!!

I think I have found the answer.

I have found a letter from the OC dated 20/8/08 that says:

As no satisfactory proposals for repayment of the arrears have been made, we are writing to inform you that WE have today transferred funds, as detailed to bring your account up to date.

So my last payment was July 08 = statute barred or they rely on their payment Aug 08 which is also statute barred.

Any thoughs?

[Kafka]

Re: Drydensfairfax claim form statute barred debt!!

That all sounds good. I would still send the other requests, so your defence doen't just rely on SB though, in case there's anything you've forgotte.

[labby1]

Re: Drydensfairfax claim form statute barred debt!!

I will do that. Thank you

[FlamingParrot]

Re: Drydensfairfax claim form statute barred debt!!

Can I ask for all statements cpr request?

Even If they allocated it in Aug 2008, is it not still statute barred

Not on the part 31.14 request because that's only for documents mentioned on the particulars of claim.

You may want to look at Part 18 requests: http://www.legalbeagles.info/forums/...233#post388233

[labby1]

Re: Drydensfairfax claim form statute barred debt!!

Not on the part 31.14 request because that's only for documents mentioned on the particulars of claim.

You may want to look at Part 18 requests: http://www.legalbeagles.info/forums/...233#post388233

thanks. The amount claimed is over £10k. Does that make any difference?

[Amethyst]

Re: Drydensfairfax claim form statute barred debt!!

It will mean it is in fast track so yes a part 18 request and part 31.14 request will be applicable and they can't use usual excuses not to comply.

Yes ask for a CCA.

If they don't comply with the CPR 31.14 you can apply for an unless order in court via a N244 ( see the guides and templates section for details) to force compliance. You'd need to get that in a week before the defence would be due.

You could also ask the claimant to agree an extension if they don't supply the information in good time - to give you some extra time ( max 28 days from defence date) - CPR 15.5 - again some info in the guides and templates section on that.

[skilganon]

Re: Drydensfairfax claim form statute barred debt!!

if the OP were to send an SAR to the OC and the documents had not yet arrived before any hearing date, would it not be possible for the OP to issue an N244 ( without a hearing) requesting the court allow more time for these documents to arrive so they are able to affectively plead their case?

just a thought

[Amethyst]

Re: Drydensfairfax claim form statute barred debt!!

I wouldn't do it on an N244 but I would mention it in any initial defence - it would be unusual to get a hearing date within 40 days of receiving the claim though so Ithink it's fine. Of course if they don't comply you can complain to the ICO and use that also in your defence.

[labby1]

Re: Drydensfairfax claim form statute barred debt!!

So to clarify,

I am sending a cpr 31.14 request for a credit agreement, a default notice and the assignment of the debt.

Also a cpr31.18 for any other documents to support my case ie all the statements?

[Amethyst]

Re: Drydensfairfax claim form statute barred debt!!

So to clarify,

I am sending a cpr 31.14 request for a credit agreement, a default notice and the assignment of the debt.

Also a cpr31.18 for any other documents to support my case ie all the statements?

It's a CPR 31.14 request for agreement, DN and Assignment yes - http://www.justice.gov.uk/courts/pro...s/part31#31.14 is the CPR

Other bit is CPR 18 - http://www.justice.gov.uk/courts/pro...l/rules/part18

[labby1]

Re: Drydensfairfax claim form statute barred debt!!

I just looked at that link, it says the court can request it, does that mean that I dont request cpr 18

[labby1]

Re: Drydensfairfax claim form statute barred debt!!

The case was stayed in Feb 2015. I have now received a letter from sols saying the have applied to have the stay lifted and summary judgement.

Just to recap........This is what I believe to be a SB credit card debt. No payments have been made nor has the debt been acknowledged by myself since June 2008. In Sept 2009 a payment was taken out of our joint building society account of £1500 by the creditor. We had no knowledge of this until we saw our bank statement later on in the same day. We went into the building society personally to try and find out why the payment was taken. I was asked if I had authorised it, to which we said no. The staff member made some phone calls and came to us saying " there appears to have been a mistake and we have credited the money back to your account" I have the bank statement confirming the money going out and back in on the same day shown as a " correction" . The credit card statement shows a payment of £1500 in and on same day a reversal of £1500.

My original defence was stating that the debt was SB AND JUST GIVING THE DATES. i HAVE NOT MENTIONED ANYWHERE YET ABOUT THE £1500 SPECIFICS SO THE CLAIMANT IS UNAWARE OF MY FULL DEFENCE AT THIS STAGE.

The creditor clearly has not seen what went on as they refer to my payment " bouncing". So this is my defence, I did not cause the action.

Additionally in their latest defence bundle , in the statement there is a serious typo error. It refers to the bundle of statements and says " the defendant made a payment of 28 September 2009"!!!

I am now waiting for a hearing date for the stay. How and when to I submit my full defence to the court and the claimant. Should I mention the error in their statement?

[FlamingParrot]

Re: Drydensfairfax claim form statute barred debt!!

The case was stayed in Feb 2015. I have now received a letter from sols saying the have applied to have the stay lifted and summary judgement.

I am now waiting for a hearing date for the stay. How and when to I submit my full defence to the court and the claimant. Should I mention the error in their statement?

You need to be careful here because we had a poster where the whole thing was disposed of without a hearing, i.e. application to lift stay, strike out defence and summary judgment all took place without a hearing.

Just to recap........This is what I believe to be a SB credit card debt. No payments have been made nor has the debt been acknowledged by myself since June 2008. In Sept 2009 a payment was taken out of our joint building society account of £1500 by the creditor. We had no knowledge of this until we saw our bank statement later on in the same day. We went into the building society personally to try and find out why the payment was taken. I was asked if I had authorised it, to which we said no. The staff member made some phone calls and came to us saying " there appears to have been a mistake and we have credited the money back to your account" I have the bank statement confirming the money going out and back in on the same day shown as a " correction" . The credit card statement shows a payment of £1500 in and on same day a reversal of £1500.

My original defence was stating that the debt was SB AND JUST GIVING THE DATES. i HAVE NOT MENTIONED ANYWHERE YET ABOUT THE £1500 SPECIFICS SO THE CLAIMANT IS UNAWARE OF MY FULL DEFENCE AT THIS STAGE.

The creditor clearly has not seen what went on as they refer to my payment " bouncing". So this is my defence, I did not cause the action.

You need to prepare a witness statement opposing their application for summary judgment, detailing the facts mentioned above and attaching your evidence (such as bank statements), as exhibits.

Additionally in their latest defence bundle , in the statement there is a serious typo error. It refers to the bundle of statements and says " the defendant made a payment of 28 September 2009"!!!

I am now waiting for a hearing date for the stay. How and when to I submit my full defence to the court and the claimant. Should I mention the error in their statement?

It sounds like they just left out the amount, i.e. they were trying to say "...made a payment of £1,500 on 28 September..." The main point is not to correct their typographical error but to establish the facts surrounding that "payment" as noted above.

[FlamingParrot]

Re: Drydensfairfax claim form statute barred debt!!

You need to prepare a witness statement opposing their application for summary judgment, detailing the facts mentioned above and attaching your evidence (such as bank statements), as exhibits.

To give you a idea, examples of witness statements can be found here: http://www.legalbeagles.info/forums/...ness-Statement :thumb:

[labby1]

Re: Drydensfairfax claim form statute barred debt!!

Then do i send it to the court with copy to solicitors