Jump to content

bdcarr

Registered Users

Change your profile picture
  • Posts

    224
  • Joined

  • Last visited

Reputation

1 Neutral
  1. Well done......dont forget to obtain confirmation that its 'stayed'. Im sure one of the technically gifted guys can confirm why and how.
  2. Ok so not heard nothing and as stated by the courts, it will be struck out. As my credit report states it removes automatically after the 18th, is it worth me asking the court to confirm that its struct out?
  3. Thanks Not received nothing and now the 23rd. Silly thing is, Im sure it is statue barred but a bit of hickory pokery changed it to the 18th June on my credit file.....once the 19th June comes it disappears from my file and I can certainly assure anyone then it is SB.
  4. D-Day tomorrow, not heard anything so what should i expect next....obviously got to give a few days
  5. Well nothing received yet and not to tempt fate but as the debt becomes statue barred on the 17th June 2014. Would SB come into play or as the proceedings started prior, would this supersede the SB status.
  6. Potman Standard process from BC, they did the same to me. Trying to get you to admit all and then you have no defense in court.
  7. That sounds promising, as if it was on there it wouldnt be statue barred. AndyT is excellent and should be-able to assist when back online. Fingers crossed you can state its statue barred though.
  8. If its within 6 years, it will show last payment and outstanding balance. If its over 6 years, it will have dropped off and therefore should mean statue barred
  9. Linz, You could try looking at your credit file for last payment date but not always 100% accurate. If its not on there then its Statue Barred at a guess
  10. Received the following - Thanks Andy for your help The claimant shall by 22nd of May file with the court and serve the defendant with 1) Copy of the original agreement that forms the basis of the original debt 2) Copy of statements of account that show the original transactions on which the claim is based, limited to the last ten pages of active transactions 3) Copy of the notice of assignent(s) alleged to have been served on the defendant 4) A statement verified by statement of truth setting out ho the figure of £650.74 is calculated and, in the event that there has been more than one assignment of debt, setting out the history of the debt and its assignment 5) The claimant will be restricted at any hearing to reliance on the documents disclosed. If the claimant is unable to produce any document(s) as listed above it must file and serve a statement explaining what search has been made and why it cannot be produced. 6) If the claimant fails to comply with the entirety above of this order, its claim will stand automatically struck out.
  11. Received the following - Thanks Andy for your help The claimant shall by 22nd of May file with the court and serve the defendant with 1) Copy of the original agreement that forms the basis of the original debt 2) Copy of statements of account that show the original transactions on which the claim is based, limited to the last ten pages of active transactions 3) Copy of the notice of assignent(s) alleged to have been served on the defendant 4) A statement verified by statement of truth setting out ho the figure of £650.74 is calculated and, in the event that there has been more than one assignment of debt, setting out the history of the debt and its assignment 5) The claimant will be restricted at any hearing to reliance on the documents disclosed. If the claimant is unable to produce any document(s) as listed above it must file and serve a statement explaining what search has been made and why it cannot be produced. 6) If the claimant fails to comply with the entirety above of this order, its claim will stand automatically struck out.
  12. Yes the court has, I have to submit another or judgement will be made...
  13. Good question: I believed I had submitted as below but could be wrong.....would I be best submitting this again. defence 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have in the past had financial dealings with HBOS . 3.Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served last year from either the Claimant or HBOS. 4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77/78 request and remain in default and with regards to my CPR 31.14 request have stated that they are under no obligation to disclose any documentation on which their claim is based. 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
×
×
  • Create New...