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Help Please..Statute Barred Denied !!


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I received a claim form from Reading County Court for a loan for furniture taken out in 1998. The debt is for £2.5k, TBI Financial is the company I assume bought the debt ? and their solicitors are Ascot Lawyers.

 

I promptly sent off the Staute Barred letter as I honestly couldnt even remeber this debt as I suffered a mental breakdown lasting from 2001-2003.

 

Heres the reply I had by E-Mail today.

 

Dear Mr Ward

 

The last payment made in relation to this debt was £2.00 on the 3rd June 2005, therefore my Clients would have six years from that date to issue proceedings against you to recover the outstanding sums. In the circumstances the debt due to my Clients is clearly not statute barred and the action that has been commenced against you will continue unless you pay the full amount that has been claimed.

 

Yours faithfully

 

 

S*******

 

I then sent of a CPR 31.14 Request as the CCA attached to the claim form was a partial photocopy but was showing my signature.

 

Their reply by E-Mail today was:

 

Dear Mr Ward

 

I note the contents of your request under CPR 31.14 but would point out to you that the documents requested are attached to the Particulars of claim and in the circumstances I see no need to comply with your request which in my view is unnecessary given what you have already received via the Reading County Court.

 

Yours faithfully

 

S*******

 

I also sent a CPR 18 - REQUEST FOR INFORMATION

but have yet had no response to this.

 

Can someone please advise me of my next move

 

Thanks in Advance

 

RW

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"The last payment made in relation to this debt was £2.00 on the 3rd June 2005"

Hi Jimmy and welcome to Cag

 

Ok firstly why on earth would anybody make a one off payment of £2.00 on a debt of £2.5k?

Do you have your own statements from that period to clarify if you have made payment from your account?

Ask them to prove payment by way of a statement

Dont let this go that £2 .00 could be very costly.

 

Regards

 

Andy

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Have they supplied proof of payment made in 2005??

 

If you deny making that I would that they provide proof of this payment and that you actually made it. If they can't produce this evidence then you can argue that the debt is statute barred

 

No they have not yet provided proof of that payment, how do I ask for it (is their a standard letter ?)

 

I was making token £2 payments towards the debt in around 2002 but thought this was around the time I stopped paying as mu life was in turmoil due to my illness at that time.

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I don't think there is a standard letter - you might be best off sending a SAR, but this could take up to 40 days to receive the info - which isn't going to help you at this moment in time as you need to sort out the court claim.

 

How long do you have to respond to the court papers that were sent??

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well they are bit more informative than the usual PoC's but still aren't that great.

 

I'm not sure if they can charge 15% interest - some one with more knowledge will hopefully answer that question.

 

 

I think the agreement might be compliant - but again you are best off getting some some one with more knowledge than me to clarify that

 

I be inclined to stick a defence in that the debt is statue barred and ask the claimant to prove it isn't.

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I have just received this by E-Mail and have added said documents to photobucket:

------------------------------------------------------------

Mr Ward

 

I would not consider that your request is under CPR Part 18 and it is clear that you would not require this information in order to file a defence to the claim. The request itself is in my opinion a subject access request more properly made to our Clients rather than in the proceedings and I will of course pass this request to them. I enclose for your information a copy statement from the date of assignment and a copy deed of confirmation of assignment which I believe have already been sent to you previously by my Client in any event.

 

I would suggest that if you believe that you have a defence to the claim then you should file this defence within the time scale required by the Court.

 

Yours faithfully

 

 

--------------------------------------------------------------

 

I notice the deed of assignment is not appear to be signed by TBI Financial...does this mean anything?

 

Should I just shoot myself now ?

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You still require the DN and Termination Notice.

 

 

 

Andy

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Ok Jimmy now I have your attention The Claim is not SB as you can see from the statement of account your regular payments of £2.00 disposes of that.

The DN is refered to in the Claimants P.O.C however they have not mentioned Termination of the account unless its within the DN itself.

Have you just recieved this statement whilst posting on here? I noticed 2 guests were watching earlier in your post?

 

Regards

 

Andy

We could do with some help from you.

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Ok Jimmy now I have your attention The Claim is not SB as you can see from the statement of account your regular payments of £2.00 disposes of that.

The DN is refered to in the Claimants P.O.C however they have not mentioned Termination of the account unless its within the DN itself.

Have you just recieved this statement whilst posting on here? I noticed 2 guests were watching earlier in your post?

 

Regards

 

Andy

 

Strangely enough yes, what are you insinuating ?

 

I have also added the default notice to the photobucket link.

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Have you completed the AoS yet?I would advocate defending all at this stage until you see a copy of the DN referred to in their P.O.C.

 

Andy

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Ok thats all in order also.So in that case my advice would be to admit it and enclose a I&E and dispute the amount because no company can charge £50.00 for a DN and get away with it.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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