Help Please..Statute Barred Denied !!

[AndyOrch]

Perhaps I'm missing the point completely, but Jimmy says he didn't make a payment in 2005 - so surely he should force the claimant to prove that he did???

 

Just becuase they said he made it, doesn't mean he did????

 

Well according to the statement (BTW your name is still on that you should remove it or we will have more guests watching this thread) Jimmy made payments on 6/12005 3/3/2005 4/5/2005 and 3/6/2005 so unless he as bank statements to prove otherwise you are going to struggle to convince any DJ this debt is SB.

 

Regards

 

Andy

[yourturntopay]

Thats wjhat i was wondering - can they prove that he actually made the payments - or is this just a little creative accounting??

 

Other point is that they have added over £500 of interest (which is almost 25% of the debt) - do they have the right to do this - i'm sure i read somewhere that they can only apply interest if directed by the court. They have added this to the total and then asked the court for interest to be added as well - hence getting a double whammy lot of interest.

[AndyOrch]

Ok on reflection and looking closely at the P.O.C and the CCA some points to consider.

 

There is no interest or ARP completed on the Application/Agreement set as 0.00% therefore the Claimant is unable to benefit from any reference to this in the P.O.C as the agreement is interest free.

 

The T&Cs are not embodied within the Agreement/Application or refered to in the application

 

The Claimant is not allowed to request further interest in the PoC:-

 

The Claimant fails to plead that this claim concerns an agreement regulated by the Consumer Credit Act, 1974. However, the Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award:

 

· The general rule

 

2(3) Interest shall not be payable under this Order where the relevant judgment - (a) is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974;

 

 

So the Application/Agreement in my view is unenforcable as there are missing perscribed terms and conforms.Also if you can check your bank statements and prove that there as been some creative accounting (look at the dates on the ststatement why would you just stop paying £2.00 a month?) if you were paying it at all.

 

In hindsight i would advise you to defend this if not just to clear the actual outstanding amount apart from the other reasons i have stated.

 

Regards

 

Andy