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drichards1973

Help needed with my defence

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Hi,

Was hoping to get some advice regarding a claim against me by the royal bank of scotland t/a direct line.

I've got to the stage now that i'm not sure what to do and need help with my defence.

i'll fill you in on what i've done and where i am now

1. recieved a summons, so filled out to defend

2. sent letter for the signed agreement, and all revelent document

3. didn't recieve anything in the time allocated, so filled a defence as embarrased.

4. then recieved a letter from court, saying the claiment want to amend their claim form and particulars of claim. and i can amend my defence, which this paperwork they sent a copy of the credit agreement, which was signed in 2001.

They amended the POC by stating because of human error and computer error the date first stated in the POC for sending me a default note was wrong.

I would like to know where i can go from here, i have till 28th Oct to file my amended defence, was wondering if i could use the fact it's over 6 years old.

Thank you :-)

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Have you paid any money into the account in the last 6 yrs or have you acknowledged the debt/account in that time?

 

Kind Regards

 

The Mould

 

PS. You say that you were going to defend before they amended the POC's, what were you going to defend with?

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Thank you for your reply.

I haven't heard anything about this debt until i had the court papers, so i sent a letter asking for the signed credit agreement, i didn't recieve anything so i defended the claim saying the documents requested haven't been recieved, and that without the documents can they prove the monies are owned.

Then in there amended POC they attached the signed agreement, and the default letter they said they sent me dated feb 2002, and the notice of termination letter dated nov 2002.

I remember having a loan with them but thought i paid it off in 2002, i don't have any paperwork to prove this it's along time ago.

 

Any advice would be good.

Thank you

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Hello, hello, hello what's all this then?

 

What do you mean, you don't have any paperwork to prove that this was such a long time ago my dear fellow.

 

The claimant has just admitted that all sums due under the contract were due and owing as of November 2002, your defence is the Limitations Act 1980, an absolute defence against this action by the claimant, the claimant is out of time by almost 2yrs.

 

Look up the Limitations Act 1980 regarding Contracts and also debt arising under Statute.

 

Simply state the relevant application of the limitation period applying to the legal action for breach of contract.

 

Here's an example:

 

In the case of a contract between two parties, it may be the case that the contract was entered into, say 8 yrs ago, proceedings for a breach of contract must be commenced within 6 years of the breach of contract alledged by the claimant.

 

Therefore, you must plead in your defence that a limitation period applies.

 

This is a procedural defence and does not extinguish the claim, put simply, it makes the claim unenforceable, so defend with that and if the claimant refuses to discontinue proceedings, you then make an application to strike out the claim as an abuse of process.

 

So I repeat, you must plead in your defence the relevant limitation period that applies.

Kind Regards

 

The Mould

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