URGENT Help Please CCJ Imminent

[sanstorm999]

Hello Everyone,

I have read a lot of comments on this excellent forum, but none seem to clarify what I should do next!

 

I received in September a County Court Claim Form from a company requesting payment of an oustanding sum under a Credit Agreement in excess of 10,000 including interest and fees. I am confident I have had no contact with the company in over 6 years. And have checked both my credit files at experian and equifax and note the alleged debt does not appear. Although a search record for the collection company is evident.

 

I returned the form siting I am defending the full amount of the claim.

 

I stated I deny the the full amount of the claim and believe the claimant was statute barred, under the limitations act 1980 section 5, and requested the claimant provide the original signed contract and evidence of the date the last payment was made.

 

Last week I received an Allocation Questionnaire (N150) from the court to be completed and returned by this coming Friday 26th Oct.

 

I think I am ok with filling in most of the form, but am unsure with the section entitled 'Proposed Directions'.

 

I have noticed people mentioning Consumer Credit Agreements (CCA), and am wondering if I should have corresponded with the company before asking them for this as well as informing them they are statute barred unless they can prove otherwise.

 

I would really like to know what directions I should place to the court and in what format. Am I right in thinking I should request the disclosure of the documents CCA and last payment info.

 

Any help or advice you can offer would be greatly appreciated.

Thank you

S9

[Belaflat]

TomTerm is your man for this, he has a defence which requests disclosure under the civil procedure rules and should put them on the spot.

Either wait for him to pop along or send him a PM.

[hisholinessthepope]

The CCA is the Consumer Credit Act. What you need to request is the credit agreement in accordance with the CCA.

 

As Belaflat says tomterm is the man.

[sanstorm999]

Thank you for your advice.

I will try to contact Tomterm via PM as you suggest

S9

[sequenci]

Hey there. If you feel strongly that you have a limitation defence I think the consumer credit act agreement would be irrelevant.

[tomterm8]

I agree with sequenci. You need to send the disclosure letter to the claimant, but statute barred trumps any other defence.

[sanstorm999]

Hello Tomterm8,

I have been advised by other members of the forum to contact you regarding my issue, so I hope you can help please.

 

The situation is as follows: 7th Sept 07 received a County Court Claim form; the particulars of the claim are;

"The claimant claims outstanding monies due and payable by the defendant under a credit agreement, whereby the the defendant agreed to repay with interest the value of the credit obtained, and the claimant claims

1. the sum of £6983.16

2. Interest Pursuant to S69 of the county Court Act 1984 at the rate of 8.00% from 18/02/2002 to date hereof 2056 days is the sum of 3146.91

3. future interest accruing at the daily rate of 1.53

4. costs"

 

I completed the defense form online denying the full amount of the claim, with the defense that the claimant is 'Statute Barred' as specified under the Limitaions act 1980 s.5.

 

I also requested via the online court reply form that the claimant supply.

1. The original signed contract

2. Evidence of the date the last payment was made.

 

Last week I received a Allocation Questionnaire that needs to be completed and returned to the Court by this Friday 26-10-2007.

 

I think I am able to complete most of the form as required, but am unsure as to what to do about the 'Proposed Directions' section as I think I should propose the court request the documents aforementioned.

 

Can you help please.

Thank you

S9

[sequenci]

any idea when your last payment / acknowledgement in writing was?

[tomterm8]

Hello Tomterm8,

I have been advised by other members of the forum to contact you regarding my issue, so I hope you can help please.

 

The situation is as follows: 7th Sept 07 received a County Court Claim form; the particulars of the claim are;

"The claimant claims outstanding monies due and payable by the defendant under a credit agreement, whereby the the defendant agreed to repay with interest the value of the credit obtained, and the claimant claims

1. the sum of £6983.16

2. Interest Pursuant to S69 of the county Court Act 1984 at the rate of 8.00% from 18/02/2002 to date hereof 2056 days is the sum of 3146.91

3. future interest accruing at the daily rate of 1.53

4. costs"

 

I completed the defense form online denying the full amount of the claim, with the defense that the claimant is 'Statute Barred' as specified under the Limitaions act 1980 s.5.

 

I also requested via the online court reply form that the claimant supply.

1. The original signed contract

2. Evidence of the date the last payment was made.

 

Last week I received a Allocation Questionnaire that needs to be completed and returned to the Court by this Friday 26-10-2007.

 

I think I am able to complete most of the form as required, but am unsure as to what to do about the 'Proposed Directions' section as I think I should propose the court request the documents aforementioned.

 

Can you help please.

Thank you

S9

 

before answering this question, can i check... is the claimant the original creditor, or is it a debt collection agency?

[sanstorm999]

Hi

Yes I do. It was at the very latest August 2001, however, more than likely May 2001.

 

I have had no written or payment contact with the original creditor HFC or subsequent DCA (currently Robinson Way taking me to court) since then and am really confident the limitations act applies.

 

I not sure though, why on the claim form they request interest from the 18/01/2002. This is puzzling as I was definately not paying them anything well before then.

 

Thanks

S9

[sanstorm999]

To Tomterm8

The people taking me to court are Robinson Way & Co Ltd Assignees

of R/O: HFC Bank Ltd

 

Address for sending documents listed as Horwich Farrelly

 

Thank you

 

S9

[tomterm8]

OK, i would go with:

 

Due to the age of this right of action, I have very few records of the matter raised by the claimant. in order to expidite the case, i therefore request that the court order disclosure of:

 

1. A copy of the original executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records they hold on me relevant to this case, including but not limited to:

a. True copies of any notice of assignment and/or default notice or enforcement notice that the claimant or any former creditor sent me, with a copy of any proof of postage that they hold, and proof that these documents were not returned

b. Details of any collection charge added to the account, by the claimant or any earlier creditor

c. Copies of statements for the duration of the account, and a list of payments made to the account, and original proof that these payments were made (specifically, for the LAST payment)

d. True copies of any document of assignment.

[tomterm8]

Hi

Yes I do. It was at the very latest August 2001, however, more than likely May 2001.

 

I have had no written or payment contact with the original creditor HFC or subsequent DCA (currently Robinson Way taking me to court) since then and am really confident the limitations act applies.

 

I not sure though, why on the claim form they request interest from the 18/01/2002. This is puzzling as I was definately not paying them anything well before then.

 

Thanks

S9

 

18/01/2002 is within the limitation period, August 2001 may not be (assuming they didn't serve the claim form the day before the limitation period ended)

[sanstorm999]

Hi Tomterm8,

Excellent thank you!

Can you please explain; d. True copies of any document of assignment?

 

am I write in thinking thats HFC's request to DCA's to take over the account etc?

 

Thanks again

 

S9

[sanstorm999]

Hi

The claim form issue date is 07-09-2007. However I noted that for the purposes of the limitations act the court uses the date that the claimant submitted the calim to them for processing so who knows when that was at present.

Which ever way I look at it, its on the edge of the limitations act timeline. So it will greatly depend on what documents they can produce in court to prove the claim is within the limitations act period.

 

I was wondering though, should I copy to the court via the proposed directions and the disclosure rules my Credit files from Experian and Equifax that do not show any details of the claimant on them? Or just take copies to court on the day if necessary, thing is, will they be admissable if I do not disclose them to the court now??

 

Thank you

S9

[tomterm8]

A document of assignment is a contract that sells the debt from the original creditor to a new DCA.

[tomterm8]

Hi

 

I was wondering though, should I copy to the court via the proposed directions and the disclosure rules my Credit files from Experian and Equifax that do not show any details of the claimant on them?

 

Thank you

S9

 

that's really not relevant, they are not obliged to record data with credit reference agencies.

[sequenci]

I have a feeling they are claiming interest from the 2002 date to try and imply that they are within the limitation period.

 

Remember that a nice thing about the act is that the burden of proof is on the claimant to prove they have the right to chase.

[sequenci]

Also, when you were paying them, how were the payments made?

[sanstorm999]

Hi Tomterm8,

Ok thank you for the advice, cannot thank you enough! not feeling anywhere near as apprehensive as before.

 

I am just so worried about incriminating myself somehow and allowing them to win the case on a technicality that would not have occured had I been able to afford a solicitor.

 

In your experience is there anything else I should lookout for that may trip me up in court?

 

Thanks again

 

S9

[sanstorm999]

Hi Sequenci,

The payments were made via DDM from my bank account at the time, which I have not had since approx aug 2001

 

Thanks

S9

[tomterm8]

Hi Tomterm8,

 

 

In your experience is there anything else I should lookout for that may trip me up in court?

 

S9

 

Basically, the thing that can trip you up in this defence are any of the following

 

1. They served the action before the limitation period is up;

 

2. You admitted the debt in writing (which starts the period again) ;

 

3. You (or in the case of a joint debt, either party) made a payment that restarted the action.

 

4. You intentionally concealed your location.

 

however, with no 4, these days if you either registered on the electoral role or applied for credit, it's pretty much impossible for them to plead, because the period would restart when with reasonable dillegence they could have found you. Which would basically have been immediatly.

[tomterm8]

Can I suggest doing a S.A.R. of your old bank account?

[sanstorm999]

Hi Tomterm8,

OK! It seems only #1. in your comments may apply as I cannot confirm from my end when exactly the last payment was made to the account.

I do recall in June 2001 contacting the CCCS who advised we arrange to pay our creditors £1.00 goodwill payments, which we started but could not even keep that up! But once again I cannot remember when exactly we stopped the payments. All I am sure of it is was before 2002.

 

I am not sure what a S.A.R. is although I have seen references to it on the forum. I will investigate.

 

However, I think I am running out of time to do anything like that. Not to mention the bank account also defaulted in Aug 2001, another creditor that I have not heard anything from in over 6 years. (Yes, 2001 was a very bad year for our family financially).

[sanstorm999]

Hi

Actually, I do not feel so confident right now as I think they may have just sneaked in under the 6 year limitations act limit.

 

I suppose this makes it even more important that I ask them for the correct and proper documents in the 'Proposed Directions' request on the N150 form.

Please wish me luck I think I am going to need it! And thank you all especially Tomterm8 and Sequenci for your helpful advice.

 

Thanks

 

S9