Hi Andy,

Could you please advise?

Hi John....

Yes submit the statute barred defence now...did they ever comply to the CCA request that this payment refers to?

Andy

there you go..thanks andy..

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant 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, the default date being March 2010, 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 £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..ends..

Thanks Andy. They did provide a scanned copy of the CCA along with what looks like newly printed T&C's.

Thanks DX. I shall send defence to the Court.

Also shall I still send the CPR 31.14 request to the claimants solicitor?

Yes...CPR 31.14 to the Solicitor

Thanks Andy. I shall do both and provide updates.

Hello,

Update on my case. Following submission of defence based on SB, I have received Directions Questionnaire.

Speaking to Court, the Claimant has given no response to the defence and has asked to continue to the next stage of the claim process. Also I have not received any response to my CPR and SAR requests.

Question is can they ask to continue to next stage while they haven't responded to my defence, replied to my CPR and SAR? Can I ask the Court to halt proceedings until I am furnished with these?

Please advise.

you mean CCa/CPR not sar I hope..?

its still a speculative claim at this stage

the fact that they've not responded is what you want..think about you don't want them to respond....

fill out the DQ

no to mediation as it statute barred . you have nothing to mediate upon.

copy the N180 3 time

1 for you

1 for the court

1 for the claimants sols cohen

you don't have to sign nor give email/phone details showing on the one to cohen's

Thanks. I did CPR to Cohen and SAR to Nationwide. No replies to date.

I shall fill out the DQ.

Can I still ask the Court (as part of DQ or a on separate letter) to halt proceedings and not give a date for hearing until I get all the requested information?

why do you need paperwork..you are missing the point!!

Thanks. I did CPR to Cohen and SAR to Nationwide. No replies to date.

 

I shall fill out the DQ.

 

Can I still ask the Court (as part of DQ or a on separate letter) to halt proceedings and not give a date for hearing until I get all the requested information?

No....the DQ is to allocate and transfer the claim to your local county court.......disclosure comes after allocation.

Andy

Hello,

I have received a copy of the claimants DQ and a letter stating they have filed it with court. They said they have opted for TELEPHONE Mediation service and that their client will accept any reasonable offer.

And in their submitted DQ under section D3 (number of witnesses including yourself giving evidence at hearing) they have said "NONE".

Does this mean that no one from the Claimant or their Solicitor would be attending the hearing (as and when it goes to hearing)?

Thanks

their usual mistake...

dx

Lowell always seem to struggle with D3 as did their predecessor Brian Carter..it either means no attendance or they will attend...as they dont seem to understand the question on the DQ

How many witnesses, including yourself, will give evidence on your

behalf at the hearing? Should be 1 if they have submitted a witness Statement.

Regards

Andy

Hello,

An update. I didn't receive any response from Nationwide to my SAR request with the £10 fee, although it has been almost 100 days.

Now I am not waiting for it, however I received a letter from Lowell thanking for the £10 payment. This is absolutely not true as I didn't make any payment.

Can it be the case that Nationwide had simply forwarded my SAR request to the new debt owner and Lowell have simply ignored the request and intentionally applied the £10 SAR fee to the account?

Or is it a complete phantom payment put on the account?

Please advise

worry tactics by nationwide if they did

why not ring and ask. nationwide

Respond with a letter to Lowell and inform them that that payment was sent to Nationwide with your request for a Data Subject Access Request..ask that they either return the payment back to Nationwide or to yourself and that under no circumstances must it be credited to the assigned account.

Failure to comply will leave you no alternative but to bring this to the ICO (Information Commissioners Office) attention and ask why the Data Controller is disregarding a legal request and why payment is being misappropriated.

Copy to Nationwide

Regards

Andy

Thanks Andy. I have sent letter to Lowell and await their response.

In the mean time I would like to start drafting my witness statement for use as and when I get the court notification for hearing.

Could you please provide any examples or template which I could use.

Thanks.

Post #35 is a recent one I drafted...will give you an idea of form/ content obviously you will have to edit to suit your requirements and particulars of claim.

http://www.consumeractiongroup.co.uk/forum/showthread.php?474814-Hoist-Cohen-Court-Claim-Barclaycard-debt-SB/page2

Thanks Andy. I shall revert with a draft WS for your review

An update. The Claimant has withdrawn the claim in full. I got confirmation from themselves and the Court as well.

Thanks a lot to Andy and everyone for their help and advise.

Excellent news...well done john.

Thread title amended to reflect the outcome.

Regards

Andy

Well done

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