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11th January 2017, 13:18:PM #1
Defence of claim (Lowell)
Issue Date: 9/12/2016
Amount approx: £1,748.37
Solicitor: Lowell Solicitors
Original Creditor: Vanquis
Particulars of Claim:
1) The defendant entered into a consumer credit act 1974 regulated agreement with vanquis under account reference xxxx ('the agreement'). 2) the defendant failed to maintain the required payments and a default notice was served and not complied with. 3) the agreement was later assigned to the claimant on 21/02/2012 and notice given to the defendant. 4) despite repeated requests for payment, the sum of £1,748.37 remains due and outstanding. And the claimant claims a) the said sum of £1,748.37 b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.383, but limited to one year, being £139.87 c) costs
Is the debt Statute Barred? I believe so
List any letters you have sent: Pre action conduct
Any Other Info:
I have a couple of days to return my defence to the court after my acknowledgement of service. So far the following has happened.
The debt in question is for £1700 for an old vanquis credit card
I received a letter before claim back in July 2016, to which I responded with a pre action conduct stating I do not accept their claims and to provide me with the usual docmentation (assignment, contract, default notice, statements).
Over the following months they provided me with various documents, refused the deed of assignment (as its private), did provide me with a printout of my personal details from back then and a letter noting the contact was electronically signed, a statement of transactions for the credit card and a sample default notice (xxx in the address, made up names and numbers and dates) but not a copy of any default notice that was sent to me.
The statements show that the last payment on the account was September 2010.
Now I have received the county court claim (sent on the 9th December) and have acknowledged service. I intend to defend the claim based on the debt being statute barred due to cause of action being at the latest the payment due date in October 2010 and the claim being issued in December 2016.
Do I just submit my defence that it is statute barred on the form with something like this:
1 The Claimant's claim was issued on (date). 2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 3 The Claimant's claim to be entitled to payment of £1700 or any other sum, or relief of any kind is denied.
Should I be worried that my letter denying their claim before and asking for documents was a written admission of the debt as it was before the statute barred date?
When I submit my defence, do I also need to send anything to Lowell Solicitors or will it all be handled through the court now?
Last edited by stangg; 11th January 2017 at 14:25:PM.
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