Jump to content

Lynchy65

Registered Users

Change your profile picture
  • Content Count

    23
  • Joined

  • Last visited

Community Reputation

1 Neutral

About Lynchy65

  • Rank
    Basic Account Holder
  1. Just spoke to the court they haven't received anything yet but said they were still working on things from 12th Aug. ..mine wasn't dated until 17th so it may be a while before they put it on their system. I'll ring again next week and check. Cheers all x
  2. Hi just thought I'd update. yesterday I had a letter from rectums saying their client (Cabot ) has decided to discontinue with their claim and they have notified the court as to their decision. I'll check on mcol tomorrow make sure they have. If so I would call that a result! Many thanks for all the advice guys you do a sterling job supporting people like me. Xx
  3. Thanks Dx thought that was the case. ..more trees destroyed to make them justify their jobs! Ttfn x
  4. Hi all hope you've had a good weekend? So to update. ..ive had a letter from rectums acknowledging my statute barred defence. They say 'I haven't provided any proof that it is SB blah blah blah therefore I should withdraw my defence and fill in their lovely form and offer of payment otherwise they will apply to have my defence struck out! Really? I have 2 weeks to respond! I really want to write and tell them to swivel but probably not a good idea. Do you lovely people have any advice? Can they get a defence struck out? Doesn't seem logical to me. Am I suppose to receive any info they have on their claim etc ...like the cca and cpr info I asked for and never received? What do I do? Ignore the letter? Tia x
  5. OK thanks for your help everyone. ..ive submitted defence as above so will wait for the next step. Fingers crossed
  6. Thank you for that. Do I add anything about putting them on strict proof as they have provided nothing despite evidence being requested? Also do I leave it until the last day or can I do it tomorrow?
  7. Thanks for the replies guys much appreciated. So I'm guessing there's a statute barred letter somewhere on here that I can use? I'll get on with it on Friday or should I leave it until the last day my defence needs to be submitted?
  8. Thanks Dx. . So the letter from Restons states " we note you have provided no information or evidence of when you believe the limitation period commenced nor have you provided any details of when you believe you last made a payment towards the debt or when you last acknowledged your liability for the debt. In any event the information we have received from our client is that the termination date of this account was on or around 26th June 2010 which is within 6 years of today's date. In these circumstances we entirely disagree with your assertion that the claim is statutebarred ". That's the letter. I thought it was up to them to prove when the last payment or the limitation period kicked in and they definitely wrote "termination date". What do you think?
  9. Is the cca my only defence? I'm more than sure that they must have defaulted the account before crabot claim they did. But I can't get evidence to prove it. Although I may be able to get it if I write to crap one before the court hearing. ...that's assuming there will be one?
  10. Thanks for the reply I was getting in a panic. ..their just bamboozled me withall the regulations. Should I cca Cabot again although I have already sent it once and the postal order. Can you just clarify for me the date I should have my defence filed for please. Date of claim was 24th june. thanks. ..hope you're enjoying the hot weather!
  11. restons have written back saying that they don't have to provide what I asked for in the cpr request as they filed using the business centre which is a procedure specifically provided for in the cpr. This procedure only allows a claimant to insert brief details of the claim and does not allow for the attachment of any enclosures. Paragraph 5.2a of practice direction 7e specifically states "the requirement in paragraph 7.3 of practice direction 16 for documents to be attached to the particular sender of the contract claims does not apply to claims stated using an online claim form unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction ". They go on to say We would remind you that cpr 31.14 states A party may inspect a document mentioned in A) a statement of case B) a witness statement C) a witness summary or D) an affidavit You have been provided with a copyof the contractual ts and cs at the time the account was opened and hence we see no reason why you now require an additional copy. Furthermore the other documents you have requested are not 'mentioned ' in the particulars of claim and therefore cpr 31.14 (1) does not apply. Although your letter states that you require the requested documents in order to file a defence / counterclaim we would point out that the particulars of claim contains sufficient information in order for you to understandwhat the claim relates to namely; A) the date the account was opened B) the account number C) the outstanding balance D) the name of the original creditor and E) the fact that the account has been assigned to the claimant and when it was assigned We trust that clarifies the matter. please tell me what I do now as I have received no information from my cca request or the cpr request and I can't prove when the last payment was made or when cap one defaulted the account. I'm baffled now. Is this a normal response for this claim made at the county court business centre? Help please
  12. Thanks for the repies everyone. I have sent the cpr request yesterday so hopefully they'll get it back to me in time for my defence. Does the time for defence start at day 1 on the date on the claim form? So if it was 24th june that is day one?
  13. Thanks Dx. . .this has fallen off my credit file as even using their dates 6 years ended 26th June last month. There were no details when it was on my file. I just don't want it going back on with a judgement in their favour. Can they get a judgement even though they have told me they can't?
×
×
  • Create New...