Family Business Loan - Signed Promissory Note - SD Failed - Now a Claimform

[dx100uk]

the SD would have simply be download by should have been served IN PERSON by a process server

or

at court they'll need to produce a statement witnessed and signed by the process server to say he was unable to serve in person for the above reasons.?

 

an SD at this stage has not been near a court

and a court will know nothing about it.

 

this is very much like the way lowells used to operate years ago by issuing SD's as a debt collection tools like confetti.

they got castigated for it.

 

the way to deal with it is in our legal section of the library.

 

worry about any wrong dates/poor service later.

just get the forms in.

 

dx

[dx100uk]

please complete this:

 

dx

 

 

[dx100uk]

the most imp thing is missing particulars of claim please, verbatim. ...minus pers ID.

[dx100uk]

urm I wonder where the interest comes into this...a promissory note...does it state any interest?

[dx100uk]

13 minutes ago, Manxman in exile said:

I'm sorry to have to say it, but the OP hasn't really followed the advice given over the years, and they keep on disappearing for months or years, and then come back with a partial update that doesn't quite continue on from their last posts leaving unexplained gaps

welcome to a typical cag thread...

 

dx

[dx100uk]

its by 4pm on day 33 whereby the date of issue is 1 in said count.

 

and just for clarity...

 

it's a civil debt, which is not a criminal matter, so to all intent and purpose there is little any bailiff, be them County Court or High Court can really do.

with civil debt their is NO RIGHT OF FORCED ENTRY. stuff in a garden might be at risk, but unless its gold plated.

 

Cars owned by the named debtors(s) could be clamped and seized, but unless they are gold plated roll-royces are of little interest to them for a debt of this magnitude.

 

as for your defence, ideally you should not mix anything with a statute barred defence.

SB defence is absolute, it either is or it isn't.

 

if there is confidence here that the promissory Note is Immaterial, then simply file SB.

 

 1 The Claimant's claim was issued on (insert date).

 2 The Defendant 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 £[insert figure from their POC]  or any other sum, or relief of any kind is denied.
..
..ends..

 

dx

 

[dx100uk]

3.The final such payment of £125.00 was made on 1st September 2014. No subsequent payments have been made.

 

so can't be statute barred then...??

 

is the above correct? payments were being made until this date?

 

dx

 

[dx100uk]

On 10/01/2015 at 11:09, rippedoff15 said:

Well today we have had a letter from a solicitor informing myself & my wife that they are now intending to recover the debt,

 

 

he is asking for a mediation meeting as we are not speaking ( 6 years now ) not realistic ,

 

 

The other party paid to my business £20k which was paid directly to the business bank account

the business went into administration.

 

 

After the business went bust i myself following an illness was declared bankrupt and lost everything including our house.

 

 

They demand we sign a promissory note for the debt,

to date we have repaid over £11k

however as they are adding interest the debt claimed is now back to £20k

 

I have been repaying every month £125.00 which is all we can afford

and now they have instructed a solicitor,

therefore we are now at a point and totally unsure what we action we can take apart from filing joint bankruptcy.

 

Can anybody help in this matter

looks like you were paying them..not sb'd

 

dx

[dx100uk]

forget any paperwork…enforceable or not...immaterial ... if they cannot PROVE you have made payments within 6yrs from the claimform date, that will allow your SB defence to win hands down.., and nothing else they come up with will matter, not even the note..

 

it's for a claimant to prove a debt is NOT SB'd, not for a defendant to prove it IS.

 

i'm a bit concerned if you read from post 1 again (which is all the info WE have to go by) you appear twice , at the relevant time or within it (6yrs) , to have been making current payments.

 

go read, p'haps it might jog your memory then check your data again...

 

 

 

 

 

 

[dx100uk]

I will bet this payment was made under duress?