Re: Small claims court statute barred personal loan debt
Judge second hearing went with the default date as per BMW v Hart.
were as the direction judge was going with payment dates, as he basically said if claimant had had original statement with them instead of photo copy it would have been fair cop !
Originally posted by freshfield
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If a payment was made in October 2010, that would have reset the clock and there would be no need to refer to BMW v Hart.
Re above, claimant produced a photo copy statement of my alleged account at the door of the hearing for directions, I did not recollect making any £20 or part payments ( it was dated Oct 2009 ) after the last full payment 21/5/2009 I told this to judge, he said the photo copy wasn't admissible. Hence at hearing proper claimant had submitted the BMW v Hart, as they did not have original statement document. Presumably if I had had the same judge he would have said the same again and the BMW v Hart was claimants fall back argument.
Did you make that payment? It's rather odd that there should have been a one off, random payment of £20 made over a year after defaulting. If the judge agreed with the existence of this payment, why then refer to BMW v Hart?
Re above, Judge didn't agreed existence of £20, she stated she was going with BMW v Hart judgement, her comment on the legitimacy of photo copied evidence was that as it was accompanied by a signed letter by the solicitor employed by the claimant it was admissible !
Under ix, it says that if June did any of the things described in clauses i to ix, the creditor may terminate the agreement and, upon written request from them, Juno should repay the amount outstanding in full.
It's very likely that the OC would have written to Juno demanding full repayment at some point, however, as this is subject to the provisions of the CCA, a default notice should have been issued prior to the demand for payment, as an agreement regulated by the CCA cannot be terminated without issuing a DN first.
Do you have copies of these documents, i.e. the DN and termination notice?
Only one I think supplied by claimant at court. I do not have any of the stuff re this account as I got rid of it, apart from the contract. Didn't think they would come after me in the 11th hour, silly I know !
That would be if some of the prescribed terms were absent at the time the agreement was signed or entered into, not if there were extra terms that are not prescribed.
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You'd normally get a notice of sums in arrears before the DN.
What was the date that the judge considers to have been the cause of action in this case?
Re above, claimant produced a photo copy statement of my alleged account at the door of the hearing for directions, I did not recollect making any £20 or part payments ( it was dated Oct 2009 ) after the last full payment 21/5/2009 I told this to judge, he said the photo copy wasn't admissible. Hence at hearing proper claimant had submitted the BMW v Hart, as they did not have original statement document. Presumably if I had had the same judge he would have said the same again and the BMW v Hart was claimants fall back argument.
Did you make that payment? It's rather odd that there should have been a one off, random payment of £20 made over a year after defaulting. If the judge agreed with the existence of this payment, why then refer to BMW v Hart?
Re above, Judge didn't agreed existence of £20, she stated she was going with BMW v Hart judgement, her comment on the legitimacy of photo copied evidence was that as it was accompanied by a signed letter by the solicitor employed by the claimant it was admissible !
Under ix, it says that if June did any of the things described in clauses i to ix, the creditor may terminate the agreement and, upon written request from them, Juno should repay the amount outstanding in full.
It's very likely that the OC would have written to Juno demanding full repayment at some point, however, as this is subject to the provisions of the CCA, a default notice should have been issued prior to the demand for payment, as an agreement regulated by the CCA cannot be terminated without issuing a DN first.
Do you have copies of these documents, i.e. the DN and termination notice?
Only one I think supplied by claimant at court. I do not have any of the stuff re this account as I got rid of it, apart from the contract. Didn't think they would come after me in the 11th hour, silly I know !
That would be if some of the prescribed terms were absent at the time the agreement was signed or entered into, not if there were extra terms that are not prescribed.
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You'd normally get a notice of sums in arrears before the DN.
What was the date that the judge considers to have been the cause of action in this case?
were as the direction judge was going with payment dates, as he basically said if claimant had had original statement with them instead of photo copy it would have been fair cop !
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