Hi ,

I have received a MCOL from Brian Carter about an old Capital One debt that I believe is statute barred.

I acknowledged service of the MCOL with I intend to defend the whole claim box ticked.

I then CCA'd Brian Carter to ensure that I received a response from the 28 day limit.

Today Brian Carter solicitor has written back saying they cannot supply me with this information

and I need to contact Lowell Group , Leeds instead.

This may then take me outside the time limit for the defence to be submitted if I wait for the information to come back.

Shall I just submit the statute barred defence or wait until nearer the deadline ?

Can anyone write a defence for statute barred for me to put onto the court defence.

Has anyone else had this problem with these company's ?

Cheers

Here is the prefered Statute Barred Defence nicurro:-

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 £x or any other sum, or relief of any kind is denied.

PS for the record everyone that becomes a target of these companies have the same problems.

Regards

Andy

Hi ,

I submitted the defence as the above post ,

today I received a letter from BC solicitors saying

" attached is a letter saying that the claimant wishes to proceed with the claim at this time .

The claimant agrees to mediation in principle.

We would be grateful to hear from you in relation to without prejudice negotiations."

It then gives me a contact number to call.

Attached was also a letter which says the same and that they are looking forward to hearing from the court with directions.

I have heard nothing from the court since they acknowledged my defence nor have I received any response from the CCA request I sent.

The statutory time limit has passed for the CCA .

Do I now follow the CCA request with another letter or request ?

Has anyone else has this response from BC solicitors ?

Are BC just trying to get me to agree a repayment plan with no intention of continuing court action ?

Can anyone advise please.

Thanks

Nic

yep that's about it

they'll run away soon I bet.

well they've already started.

...have you looked at your credit file to see if this confirms SB status ?

noddle is good for payment dates/

dx

Hi , there is no record of this on my credit file , today I received another letter saying the same thing as previous letter , also there was another letter made out which looked like it has come from the court but needed me to complete the empty spaces with a payment schedule and to sign it .

it also says that if a repayment agreement can be reached or would prevent any further costs being added onto the total.

nic.

yep more begging before we have to run away as we know its not collectable.

dx

Hi , can someone tell me what happens after I submit my defence please. I have had the letters above from BC but heard nothing from the court.

The MCOL is still at the stage of defence submitted.

Should I send the account in dispute letter to BC or is there another letter to send to stop them trying to get me to agree to a repayment plan.

Are there any time scales from when I submit my defence ?

Cheers

Nic

28 days to respond to your defence and if not the claim is stayed.If they do the claim is then allocated to your local county court.

Andy

Hi again , after filing the defence and sending an account in dispute letter I have now received from the Northampton court for proposed allocation to the small claims.

It says that the claim is defended and I need to complete the Small Claims questionnaire and return it by 09 the April.

There is also a form about the Small Claims mediation service which says they will try to sort it out before it goes to court to avoid fees.

I have still received no response from Lowell / BC from my CCA request .

Any advice on what to do now please.

Cheers

Nic

You submit the N180 by the date stated...agree to mediation..the rest is self explanatory.

Regards

Andy

Hi , at mediation do I use the failed CCA request along with the account now being in dispute.

What is the chance of this still going to court ?

Cheers

Nic

You can raise whatever you wish at mediation...remember though its not a mini trial...mediation is an attempt to narrow the differences and try to settle to avoid further court action.

As for your second point its depends how mediation goes otherwise its going to court.

Regards

Andy

Hi again , just filling in the N180 ,

Question 1 : Do you agree that small claims track is appropriate track for this case ?

Do I answer yes even though the debt is statute barred ?

Then if I answer no it asks which track should it be a located ?

I just don't want to agree to it going to small claims if it can be avoided.

Also are there any other letters to send to BC / Lowell to try to get them to drop it altogether ?

Any help appreciated .

Nic

Hi again , just filling in the N180 ,

Question 1 : Do you agree that small claims track is appropriate track for this case ? Yes should the claimant wish to continue considering their claim is Statute Barred

 

Do I answer yes even though the debt is statute barred ? Yes and quote the above

 

Then if I answer no it asks which track should it be a located ? well you have answered yes so not applicable

 

I just don't want to agree to it going to small claims if it can be avoided.It must be placed to a track and if less than 10K small claims is the correct track

 

Also are there any other letters to send to BC / Lowell to try to get them to drop it altogether ? Afraid not if only ....then we wouldn't need courts

 

Any help appreciated .

 

Nic

Andy

Hi again , received a letter today saying that it has now been transferred to my local county court , phoned the court up as I have not heard anything about mediation and was told that it has been transferred as Bryan Carter could not make the date for mediation .

Is this normal ?

Rgds

Nic

It would appear that the claimant has rejected mediation....see how the court reacts to this.

Andy

Hi again , the case has now been allocated to fast track at my local court , I have received a letter saying that I need to send to the court and BC copies of what I will be relying on in court. Can you advise me of what I need to send and any other advice on going to court.

I received no response from BC from the requests I sent them for proof of the debt , they did send me a letter asking me to contact them which I thought was from the court at first as it was about mediation , I never contacted them.

Cheers

Nicurro

Hi,

How much is this claim worth? As it is now allocated to the Fast Track your exposure to costs IF you lose could be several thousand pounds.

As for disclosure you need to use Court form N265 - Standard disclosure.

Hi again , the case has now been allocated to fast track at my local court , I have received a letter saying that I need to send to the court and BC copies of what I will be relying on in court. Can you advise me of what I need to send and any other advice on going to court.

 

This is called standard disclosure...see the legal library N265..complete with anything you wish to rely on or have referred to within your defence/witness statement...once finished serve on the claimant by the date stated within your Notice of Allocation.

 

I received no response from BC from the requests I sent them for proof of the debt , they did send me a letter asking me to contact them which I thought was from the court at first as it was about mediation , I never contacted them.

 

If you agreed to mediation within your DQ N181 then thats why they wrote to you.....they will inform the court that you disregarded their approach

 

Cheers

 

Nicurro

Andy

Hi , sorry my mistake , the case is allocated to the small claims track , the letter says that witness statements need to be served to the court and the claimant 14 days before the hearing , the hearing is 6th August 2014.

I have heard nothing from BC / Lowell since the letter from court.

I have no witnesses for a statement .

The claim is for around £500 but I defended with the Statute Barred , my requests for proof from BC / Lowell have not been answered.

Please advise on the way forward.

Nic

Hi , attached is the letter I sent after the failed CCA request.

I must admit I was surprised when you referred to Fast Track.......you are the witness to the claim ...you prepare a WS and submit by the date stated likewise disclosure as above.

Just follow the time line stated within the Notice of Allocation.

Andy

The witness evidence referred to is your own witness statement.

The witness evidence referred to is your own witness statement.

Hi , forgive me if I sound stupid but what do I need to put in the statement ?

Is there a correct way to write the statement ?

I need to try to get this done today if possible.

Nic

Hi , forgive me if I sound stupid but what do I need to put in the statement ?

Is there a correct way to write the statement ?

 

I need to try to get this done today if possible.

 

Nic

Shouldn't your Witness Statement have been submitted today (ie 14 days before the hearing date), if you haven't done it you need to search the threads and produce a WS which mirrors the defence you've already submitted, the take it and hand deliver it to the Court