Help with CCJ claim from Wescot SPV Ltd

[HowardMoon]

Hi everyone, hope someone can help me with this !

 

I have just received a claim form from Northampton CC which I believe is statute barred.

 

I intend to respond via moneyclaim.gov disputing the full amount however the POC has something in it that I'm not sure about and wondered if anyone could shed any light on it :

 

The claimant claims for sums due under a/various Mail Order Agreement(s) entered into between Shop Direct Limited and the Defendant.

The rights of Shop Direct Limited passed to the Claimant pursuant to an assignment dated 21/11/06 between Shop Direct Limited and the Claimant.

The agreement(s) was/were terminated upon the Defendant failure to comply with the terms of the agreement(s) and or the statutory Notice of Default served by Shop Direct Limited.

The claimant complied with Section III and IV and annex B of the PD Pre-Action Conduct.

And the Claimant claims:

Mail Order Account number xxxxxxxx balance of xxx.xx as 2/11/06.

Interest under s69 of the County Court Act 1984 at the rate of 8% a year from the assignment Date(s) to 9/8/11 of xxx.xx and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.21 AND costs.

 

What is this bit about ? The claimant complied with Section III and IV and annex B of the PD Pre-Action Conduct. I haven't to my knowledge complied with anything ?

 

Should I SAR/CCA Wescot first or just go ahead on the grounds that the debt is statute barred ?

 

Any advice would be gladly received !

 

Thanks

 

HM

[dpick]

Hi dont know much about this all I can say is that you are not the claimant you are the defendant.

 

dpick

[havinastella]

Just go straight for Stat Barred.

 

Get the defense in and when they withdraw you can go for a wasted costs order.

 

Jogs

[Ganymede]

Hi Howard,

 

Why do you think the debt is SB? What was the date of your last payment/acknowledgment?

 

Cheers

[HowardMoon]

I know it's statute barred as I've been in my current property for over 6 years and this is an account from probably 2 or more years before that.

 

I went through lots of problems around 10 years ago which resulted in a lot of accounts just being 'forgotten' ! Head in the sand basically.

 

I've had a few SDs over the last few years from Capquest for similar accounts but successfully had them set aside due to the statute barred rule, it was just the wording in the POC of this one that I wasn't familiar with as I know I haven't acknowledged the debt.

 

Do you think this is just them making things up to try and get further perhaps ?

[Undercover-Elsa]

Hi Howard,

 

The section in the POCs about compliance refer to the Claimant (Wescot) in that they state that they have complied with pre action protocols. Standard wording - but did they. I've attached a guide for your info.

 

Yes you need to SAR (Shop Direct, not Westcot) straight away to establish the precise SB date.

If you intend to dispute all the claim you need to acknowledge online and state this, then send a CPR 31.14 request to the solicitors, requesting copies of everything mentioned in the particulars of claim.

 

I've also attached a compendium I put together of the advice on the legal sticky threads, with template CPR letters and advice how to proceed.

 

 

kind regards,

 

Elsa x

Pre Action Conduct Guidance.pdf

pt-legal issues-compilation.pdf

[HowardMoon]

Thanks Elsa thats great.

 

You wouldn't happen to have SAR & CPR 31.14 templates that I could use that relates to the POC would you ?

 

Sorry for being cheeky !

 

Regards

 

Howard

[HowardMoon]

Apologies Ive just seen the template in your link !

[HowardMoon]

Do I need to SAR or CCA ? I would think a CCA given the OC ?

[Undercover-Elsa]

Hi Howard,

No probs..just something to get you started till those who know more than I do come along

 

From your POC's, what you need to request is highlighted:

 

 

The claimant claims for sums due under a/various Mail Order Agreement(s) entered into between Shop Direct Limited and the Defendant.

The rights of Shop Direct Limited passed to the Claimant pursuant to an assignment dated 21/11/06 between Shop Direct Limited and the Claimant.

The agreement(s) ( including the original and varied terms and conditions) was/were terminated (The Termination Notice)upon the Defendant failure to comply with the terms of the agreement(s) and or the statutory Notice of Default served by Shop Direct Limited. ("Copy of Default Notice / relevant record in communications log showing service )

The claimant complied with Section III and IV and annex B of the PD Pre-Action Conduct.

Mail Order Account number xxxxxxxx balance of xxx.xx as 2/11/06. Full statement of account

Interest under s69 of the county court Act 1984 at the rate of 8% a year from the assignment Date(s) to 9/8/11 of xxx.xx and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.21 AND costs.

 

 

 

Even if it wasn't Stat Barred I very much doubt they'll have an agreement.

 

What date is on the claim form? The clock is ticking - you have 33 days till defence due unless an extension is agreed, so watch the clock.

 

There's a SAR template link in my blog, linked below, btw

 

Elsa x

[Undercover-Elsa]

Deff a SAR to Original Co, you could do a CCA to Westcot but it wouldn't stop the clock now the claim's been issued. The 31.14 request will throw up whether there's an agreement or not and is more powerful as can be enforced if they don't comply.

[HowardMoon]

Issue date on the claim form is 9th August so going to get going with it now - Thanks for your help.

[HowardMoon]

HM

[HowardMoon]

Hi all

 

Just an update to my situation.

 

It is now over 7 days since the CPR31.14 was sent to Wescot and I have heard nothing back.

 

Should I just go with the below defence ?

 

1. The Claimant's claim was issued on xth August 2011.

 

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. The claimant should already be aware more than 6 years have elapsed between cause of action accrued and the court claim by their court submission.

 

3. The Claimant's claim to be entitled to payment of £xxxx.xx or any other sum, or relief of any kind is denied.

 

I AM ABSOLUTELY CERTAIN THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed:

 

Dated:

 

HM

[HowardMoon]

Just to add - CPR31.14 request was posted 19th August by recorded mail and signed for on the 20th.

[HowardMoon]

Bump !

[langleybea]

Hello i have recieved a claim off WESCOT SPV with Northampton CCBCThis claim as got to be over ten years with Littlewoods.Please can somone help me i am a pensioner.There asking For £1111.34.What is your advice.