defend ccj claim with limitations act 1980

[doggsb]

Hi totally new to this but can anyone help?

 

Have just received a ccj claim form for an old debt from 1996 for an overdraft i think. have made no payments on this this debt for about 10 years but have received the odd letter from various dcas.

 

Would like to know what to fill out and who to contact for what information regarding this debt and if its possible to delay the court proceedings by putting this debt into dispute.

 

Any template letters or links to would be appreciated

 

thanks in advance for any help you can give

 

doggsb

[42man]

Welcome to the forums DoggsB...remember you have to acknowledge the claim within 14 days of the date of the claim saying you will be defending... - have a read here - http://www.consumeractiongroup.co.uk/forum/legal-issues/162456-help-statute-barred-debt.html

[PGH7447]

if you have not made a payment or written acknolwdgement for 6 years or 5 in Scotland then the debt is statute barred

[doggsb]

thanks for the quick replies

 

42man that is a great link but leaves head spinning, can all the statement of defence be done over the internet and can i get the particulars from their solicitors in the time allowed. i have until the 15th to reply to the court

[42man]

Yes I think MCOL allows something like (900 - not sure on this) words ??...the statute barred defence is a complete one....It might not be worth forcing them to reveal paperwork....

[doggsb]

how would i do this in the time frame allowed

[42man]

I don't think you can, unless you send them a CPR request....but it might be a long process for you....adjournments etc...you sound like you might be worried that it ISN'T barred by the statute of limitations act

 

This is the CPR 18 request...(send recorded to the opposing solicitors)...

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

CPR - 18 REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the 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. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

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

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

h. Copies of statements for the entire duration of the credit agreement.

i. Proof that the debt is not barred by the Statute Of Limitations Act 1980

 

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

[42man]

Or you could use this one...

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment

 

3 the default notice

 

Your client should ensure compliance with its CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

[doggsb]

thanks

 

wouldn,t say worried more nervous as this is the first time i have done this, how would i get the court to adjourn or do i just send in the defence and then wait for the court date before i worry about this

[doggsb]

just seen second letter looks like it answers all my questions for now thanks for help will let you know outcome

 

thanks again

 

doggsb:)

[42man]

You could also add in there....proof that the debt is not barred by the Statute of Limitations Act 1980

[make them aktiv runners]

You could also add in there....proof that the debt is not barred by the Statute of Limitations Act 1980

 

There is no merit in giving the other party an idea of the defence immediately, make them comply to cpr18 or 31 first.

[doggsb]

kinda agree with 'make them aktiv runners'. no need to show all my cards

[doggsb]

out of interest what is the difference between a cpr 18 and 31 (in small words for us thickies)?

[doggsb]

update on the case

 

i have received a notice of discontinuance from their solicitors as they don't seem to have any confidence in their case.

 

can anyone tell me if this is the end of the debt or can they sell it on and i have to go through this again?

 

a big thank you to 42man and all at cag for such a wonderful site. will make my donation on payday. lets keep the hope alive!

[AndyOrch]

update on the case

 

i have received a notice of discontinuance from their solicitors as they don't seem to have any confidence in their case. Check that the Court as also recieved one

 

can anyone tell me if this is the end of the debt or can they sell it on and i have to go through this again? Always possable so retain all paper work from this attempt for future use

 

a big thank you to 42man and all at cag for such a wonderful site. will make my donation on payday. lets keep the hope alive!

 

 

 

Regards

 

Andy;)

[doggsb]

hi andyorch

 

have rang court this morning but they are running behind and should process the discontinuance by next tuesday if they have it, so wont know till then.

 

would it be possible to chase them for proof of the debt, as i dont think they have any with such a quick dropping of the case?

[AndyOrch]

Hi Doggsb

 

Ok make sure you get the Courts notification and guard it safe.With regards to your last point I cant see any bennefit to yourself in requesting proof of this SB debt as it is now dead.However you are still entitled to should you require.

 

 

Andy

[doggsb]

thanks might leave it for now and see if crawls out of the woodwork in a few years

[42man]

Have you thought about a costs order ??

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/163506-county-court-claim-received-2.html

[doggsb]

I would love to hit them for costs but at this time they would amount too about 5 pound for special delivery, paper, ink and envelope. Kinda pointless.

[doggsb]

would love to hit them with costs but it seems pointless as i only sent them one letter spec. del. so would amount to about 6 pound.