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Skop123

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About Skop123

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  1. Hi They have also sent me a letter offering a reduced payment of 40 % discount. If I agree with it they will send a Tomlin Order ! I of course will ignore this one too !
  2. hi This is my reply to MC To Whom it may concern, I disagree with your decision that this claim is not Statute Barred. The last payment made on this account was the 04/06/2008. The default notice placed on this account was just a procedure and therefore you could of taken action sooner with regard to the default notice being placed on the account and not 15 months after the last payment was made. I would also like to point out that on the 23rd July I sent out a formal request pursuant to s 77/78 of the consumer credit act 1974. I am still waiting for a response from yourselves Is this ok to send ? Many thanks Skop
  3. Hi I have now received a letter from Mortimer Clarke Solicitors telling me that as the agreement was terminated on 30/09/2009 which means therefore proceedings were issued within the 6 year limitation period and so the claim is not statute barred and that if I disagree then I need to explain why. Advice on what to do next would be much appreciated Thanks Skop
  4. Hi My husband has started to receive letters from debt collection agencies one of them being BPO. He doesn't know what this is for so I presume first step is the CCA ? Thanks Skop
  5. Hi finally got round to calling the court. This claim is stayed. Skop
  6. Hi I have just acknowledged service and I am about to add my defence as in #98. Is this all I need to add ? Thanks for the help Skop
  7. Sorry I'm a bit confused. Do I have to acknowledge claim first or can I just complete the defence on its own ? Thanks
  8. Hi Before I submit my defence I wanted to recheck all the paperwork and what I noticed was that in the telephone records I was spoken to on the 25th September when I informed Vanquis I was made redundant. So even though the last payment to them was 4th June 2008 my contact was in September so does this affect the statute barred defence in the fact that I should submit my defence on 25th September. Thanks for advice skop
  9. Ok well no payment since June 2008. So defence will be statute barred then. Is defence in #98 ok ? Thanks Skop
  10. Hi When I spoke to national debt line they said it was statute barred but obviously cabot disagreed and said it wasn't as the default on account was over a year after last payment. So I'm really not sure which is the best defence to submit. Skop
  11. 1 The Claimant's claim was issued on 03rd September 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 £1281.02 or any other sum, or relief of any kind is denied. Is this better...I took it from another thread ? Thanks skop
  12. Ok I will get my defence submitted. If you could please take a look and see what you think I would be grateful. 1.Paragraph 1 is neither admitted or denied with regards to the defendant entering into an agreement referred to the particulars of the claim (' the Agreement') the claimant has yet to disclose any such agreement. 2. Paragraph 1 is denied with regards to the defendant owing any monies to the Claimant. 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 3. As per Civil Procedureicion Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 4. On the alternative, if 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 a Property Act and section 82A of the consumer Credit Act 1974. 5. By reason of the facts and matters set out above it is denied that the Claimant is entitled to relief claimed or any relief. 6. Further to receipt of this claim I had requested information to clarify this account by requesting a CPR 31.14 dated 15/07/2014, the claimant has failed to respond. Further to receipt of this claim I had previously requested a copy of the agreement by way of a section 78 requested date was 23rd July the claimant had 12 +2 days to comply....to this date they have failed to provide the Requested information within the relevant time period. 7 The last payment or acknowledgement of this debt was made over 6 years ago on the 4th June 2008 and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the limitation Act. Therefore this account is statute barred even though the claimant issued a default against this account on 30/09/2009 over 15 months after last payment or acknowledgement of account. Furthermore it is brought to the courts attention that the claimant failed to serve any letter before action and therefore had not complied with pre action protocol. Is this a good enough defence to submit. Obviously I used the first few paragraphs from a previous defence. Many thanks Skop
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