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Hi Folks,
Firtsly this is a great forum and have picked up loads of useful information so thanks everyone.
I have been recieving letters from Restons for months regarding a statute barred debt, I have continually asked them to provide evidence of the agreement and any payments made from myself for which they have ignored.
Last week I recieved a court claim stating that they are seeking a CCJ. I have defended this under the statute of limitations act for a statute barred debt, raised a complaing with the financial ombudsman and mentioed within my defence that I have requested infromation on multiple occasions of evidence of payment and the agreement.
As of 24/06 (presumably before they know about my defence) they have written to me stating that 'I must prove that a debt is stature barred'. I have collated bank statements and credit reports from Equifax, Experian and Noddle which clearly does not show this debt up as its gone past 6 years.
Am I correct in my understanding that they must prove to the court that a payment was made and would I have the opportunity to present my evidence in court that contradicts their arguments.
I have raised a complaint with Financial Ombudsman as well as writing back to them today with the letter below;
Request for documents mentioned in a statement of case under CPR 31.14
Thank you for your letter dated 22/06/2017. Furthermore I received County Court claim from yourselves on 21/06/2017 of which I have acknowledged receipt indicating my intention to defend in full under the statute of limitations Act for a statute barred debt.
I have compiled my evidence in preparation (but do not have to disclose this to you), as well as communication between Restons and myself that clearly refute the suggestions made within your letter and I now require inspection of documents you mention in your statement of case. As you will be aware it is up to you to prove that this debt is not statute barred.
A copy of this letter along with previous communications requesting the information made by recorded mail delivery and signed for will be supplied to the court as part of a defence.
Please provide as previously requested:
1. Agreement / Contact
2. Payment to Claimant within last 6 years including details of where this came from
3. Default Notice
4. Assignment
5. Formal Demand
With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.
I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a copy of any credit agreement and a statement of account on request. I therefore enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.
I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.
I also understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time so I may notify the court.
I look forward to hearing from you.
Firtsly this is a great forum and have picked up loads of useful information so thanks everyone.
I have been recieving letters from Restons for months regarding a statute barred debt, I have continually asked them to provide evidence of the agreement and any payments made from myself for which they have ignored.
Last week I recieved a court claim stating that they are seeking a CCJ. I have defended this under the statute of limitations act for a statute barred debt, raised a complaing with the financial ombudsman and mentioed within my defence that I have requested infromation on multiple occasions of evidence of payment and the agreement.
As of 24/06 (presumably before they know about my defence) they have written to me stating that 'I must prove that a debt is stature barred'. I have collated bank statements and credit reports from Equifax, Experian and Noddle which clearly does not show this debt up as its gone past 6 years.
Am I correct in my understanding that they must prove to the court that a payment was made and would I have the opportunity to present my evidence in court that contradicts their arguments.
I have raised a complaint with Financial Ombudsman as well as writing back to them today with the letter below;
Request for documents mentioned in a statement of case under CPR 31.14
Thank you for your letter dated 22/06/2017. Furthermore I received County Court claim from yourselves on 21/06/2017 of which I have acknowledged receipt indicating my intention to defend in full under the statute of limitations Act for a statute barred debt.
I have compiled my evidence in preparation (but do not have to disclose this to you), as well as communication between Restons and myself that clearly refute the suggestions made within your letter and I now require inspection of documents you mention in your statement of case. As you will be aware it is up to you to prove that this debt is not statute barred.
A copy of this letter along with previous communications requesting the information made by recorded mail delivery and signed for will be supplied to the court as part of a defence.
Please provide as previously requested:
1. Agreement / Contact
2. Payment to Claimant within last 6 years including details of where this came from
3. Default Notice
4. Assignment
5. Formal Demand
With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.
I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a copy of any credit agreement and a statement of account on request. I therefore enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.
I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.
I also understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time so I may notify the court.
I look forward to hearing from you.
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