??? I have never mentioned a counterclaim before. ..so why it has been said numerous times I am unsure, I know I'm not the brightest bulb in the pack but I am not a total T pot. and I have submitted the defence that Andy kindly supplied.... Thanks

Hi I am in the process because the bar has been lifted, I am wondering whether to counter claim? In answer to the previous post about me needing to properly initiate an insurance claim..when I said I was unable, I meant physically, I had no memory, couldn't walk, talk or feed myself, pretty impossible to initiate a claim given that I didn't know who I was, which is the reason my husband did it on my behalf. The insurance form required my signature, Vanquis advised my husband to send the docs in and they would do the rest, I am campaigning still to have the law changed for people in the same situation as my husband, he could not access my bank, my details, my accounts for anything and this was down to DPA, he could not get power of attorney as I needed to be of sound mind, I wasnt...he was stuck, I am sure there are millions of people that find themselves in this situation daily and its wrong that we are penalised for the rest of our time in scenarios like this..

Quick update I have phoned MCOL..spoke to Ron. He has lifted the bar and given me until tomorrow to post a defence and also said I could email my defence. Explained I emailed last night. Advice for all.*******make sure DEFENCE is in the subject line. If defence is not in the subject line then it will not be dealt with by a human being it will be dealt with by a computer. He has said to email again with defence in the subject line and call tomorrow morning and check if it's been received. Thanks guys

Hi. I didn't notify as I was unable. I was not in a fit state and in hospital for 7 months. My husband contacted vanquis who said they couldn't speak to him due to DPA but if he sent a letter signed by me and ORIGINAL hospital admission letter and sick note from GP then they would forward those on my behalf. They then sent a form out with the instructions on what to send and an explanation if what was paid which was the minimum percentage payment for up to 3 months to prevent the account going into arrears and if the illness was to go on longer than 6 months the balance would be cleared. My husband sent originals off . ..got a default notice. he rang and said about the insurance and docs. They said they never received. . He went and got originals again and paid for them as vanquis would not accept copies and sent them off with the form. .heard nothing til a collection to on agency letter came through. . .i was too ill to care or worry about it and hence I'm at this stage now..

"In actuality the 6 year clock for simple contracts CCs and Unsecured Loans starts the day after the last payment was made, but it is often taken as the date the payment was due and not made, after which no further payment or written acknowledgment was made. This can be taken right to the actual day." This was from Brigadier2JCS and also that the "SB clock stops when the court issue the claim." The last payment was made July 2008, the court issued docs on 30/07/2014 This is why I am getting a bit confused, I also have been advised that to be SB it starts from the day the first payment is missed... you see guys, I'm not that great with this stuff, you could tell me the moon was made of cheese and I would believe it.... So in short, I want the judge to know that whilst I was in hospital after suffering a stroke which has left me with a permanent brain disorder that my husband did everything he could do but they were totally unhelpful in terms of blocking him by stating DPA prevented him speaking to them, he sent my hospital admission forms and discharge forms, a sick note from my GP, they would not accept copies, only originals and he sent them and they declared they never received them so he had to go and get original copies again and pay for them.. I received a default notice. i have only ever had one, it has been to more than one credit collector, I have never responded verbally or in writing to any attempts they have made to contact me as I firmly believe this debt should never have arisen, I paid for a year every month on time and paid for the insurance premium.. .when it came to claiming on that, they just made life hell as though they didn't want to assist, the insurance should have paid a percentage of the outstanding balance for 3 months and if the illness was deemed by a medical professional that illness would be longer than this then the outstanding balance should have been cleared, therefore this debt should not exist, I have not worked since my stroke and i have various much worse heath issues now. I never use my health as an excuse but where it is applicable and the truth I am prepared to confirm anything that I can. Due to the extremely high levels of medication that I take, my memory is shocking. I have alerts on my phone to tell me to check the calender and alarms on email to check my electronic calender and my husband sends me texts every 3 hours to tell me to take my medication etc etc...so life is not a straight forward uphill battle as most peoples is its a bit more complex....... If I write all that up there in a defence will that do? or do I have to provide legal paragraphs? I do want to pursue the line of statute barred, the worse thing that can happen is that they prove its not...but in the meantime i have the PPI to fall back on....what do you think ??? does that make sense?

Oh!! And thank you to Vincent for the email address. .see i even forgot to mention that. .I am losing the plot

Hi guys I think I have confused myself even more now. I have read all of the posts by Rita and all of the responses and I am struggling to find out what mistake Rita made so that I don't make the same error. I can't even determine that. I am getting so upset and stressed with myself as I can't find a template that suits my position. I stupidly have not done forms CCA or anything as I was unaware of these. I have a defence in 2 parts . first the fact they did not apply the PPI that I paid for every month. Second they have sent the debt to that many different cc agencies and I really do believe it's been more than 6 years since I made a payment although it's tight on days. I am at the point after all of this of giving up. my brain doesn't work as it used to because of the stroke and I gave been reading on this site all of the different posts and links since 7 this morning I am no further on in trying to find the template I need to cover the 2 points of my defence properly with the right legal words. I actually feel sick that the deadline is tonight but when I have read documents it states if the date you need to file defence by falls on a weekend then the date goes to the next working day and I still can't get onto the site and I can't speak to mcol as they are closed so if I leave it until tomorrow to get their permission to email then I will have missed the deadline and also I don't know what I'm writing anyway. .I'm in such a mess. If there is anyone out there that could provide me with a link to a template that covers what I need to say to defend the fact they didn't do the PPI which means I have a balance and this would have been nil if they had done as they should have and also I believe it's statute barred then I would be forever in your debt. .not financially but emotionally. I am going on circles and just repeating myself. ..I'm so sorry but my concentration waivers . .It never used to.. ..kindest regards to you for assisting so far ..:Cry::Cry:

Hi I still have no idea what cca is..i have been asked a couple of times on here but I have no idea what it is. Also where would I find the standard no paperwork defence wording please.. This is what I need. .i know nothing about this and I have only managed to get this far by trawling the net for info. .so if you can add anything or guide me to where I can find the information I need that would be most helpful

I also need to submit the defence and the website is still not allowing me to do anything other than pay in full as it still has a bar so how do I email..any help would be great and us there a particular wording that I need to use??

Hi In which case this makes a difference because the issue date is 30/07...and my last payment was July 2008 month end..therefore it could come down to the wire as to whether it is statute barred. ..is it up to me to prove it is or the claimant to prove it is not??

Hi Thank you..is it also correct that the statute barred clock stops ticking when an application to the court is made? If that's the case then they are within the time period as the court documents are dated 30/07 which means they must have submitted before this time and therefore it will not be statute barred..by about 3 week's

Hi Thanks for your information. If I am honest..i can't remember. I am assuming it would be month end as that's when all of my payments were made. The only other thing I have to go on is when the agreement started which was 23/07/07.. so if it was a monthly payment either a percentage of amount outstanding as a minimum payment or a more substantial payment then it would have been on or around that date. I do know I had a stroke on 27/08/08 and nothing was paid that month or thereafter ..i had no direct debit s for minimum payment set up it had to be manual therefore that's what leads me to believe it was month end. due to the stroke I was hospitalised . .unable to work. .no money. .no ability to even think about paying people. ..i have been on disability since 2010 when I realised I could claim as I couldn't make ends meet with the care I needed.. i had zero income for 2 years and I paid insurance for ill health or redundancy on all of the financial commitments I entered into

Hi.. no I have no idea what they are and also you have put that if the last payment was July 2008 then it's not statute barred. .can you explain why that is please?? I have read many sites and the main things I have learned are that the date taken for a debt to be statute barred is that an acknowledgement must not have been made and it is taken from the date the original creditor was last paid not how many more companies it has been passed to. .so the 6 years first does not begin again if passed to a collection agency and also it is down to the creditor to prove it's not sb not the defendant to prove it is ..is all of that correct??? It's such a minefield. ..but the other thing is that vanquis should have applied the insurance I was paying for. .i had never missed a payment I was not over my credit limit etc

Hi thanks for that info..i don't have the email address though and I have tried calling with no luck.. The time line is 30/07/2014 date sent + 5 days for date of service =03/08/2014 + 14 days to post acknowledgement of service = 17/08/2014 ...I filed on 15/08 So I intended to enter my defence last night being the last working day to submit my defence

I have entered an acknowledgement of service within the time frame and I have gone onto MCOL tonight to enter my defence and its states there is a bar and I cannot enter this. It needs to be done today at the latest. I have 2 lines of defence and would like some help please.. a) The debt is statute barred b) I had insurance that I paid monthly and it was never applied to the account when I was ill. The last payment made was July (end of) 2008, I have never acknowledged the sum owed in writing since that date, it defaulted in November 2008, therefore I believe it to be statute barred When I had a stroke in August 2008, I was hospitalised, my husband tried to contact the card company and they would not speak to him due to DPA. They told him that I would need to send proof of my illness before any insurance could be applied, he sent my admission papers and discharge notice and a sick certificate from my GP for 3 months which is the one he sent to my employers. They never applied the insurance and the debt increased and then they sold the debt to various collection companies. I have never acknowledged the debt, never been in touch with the collection agencies and never responded to anything in the post or verbally. I therefore do not believe I owe any money, if they had applied the insurance at the time, this would have cleared the balance because if the illness was deemed to last more than 6 months then the balance was paid off. ..and regardless of that i have not made payment since July 2008 which is longer than 6 years... So, which one do I go with first and how do I word all of that and am I right with it being statute barred? Will someone please help me understand and unravel i have tried to get this far on my own and i was crushed as I could not enter my defence tonight online. .will they win by default? Thanks so much for any advice you can put my way. ..I just cant sleep now.....