Court action for debt over 6 years old please help - **CLAIM WITHDRAWN**

[RYANOFLARE]

Hi all

 

Have received a county court claim form in the post for a debt (Littlewoods cataloge) which im 100% sure is over 6 years old. I have checked through my bank statements and the last time i made a payment or acknowledged the account was the 1st april 2005. However the lovely people at wescott are claiming on the form 24/10/2006?

 

The claim form is dated the 5th Aug and i received it on the 10th Aug.

 

I haven't replied to the court yet or got in contact with wescott im not too sure what my first steps are and any help would be VERY much appreciated.

[postggj]

on the claim form

 

please type out the perticulars of claimed

 

it will prob start

 

monies owed under for example

[alfwithhair]

Another one of Wescot's phantom payment blags

 

As advised above give us the POC from the claim form.

[concorde]

Hi all

 

Have received a county court claim form in the post for a debt (Littlewoods cataloge) which im 100% sure is over 6 years old. I have checked through my bank statements and the last time i made a payment or acknowledged the account was the 1st april 2005. However the lovely people at wescott are claiming on the form 24/10/2006?

 

The claim form is dated the 5th Aug and i received it on the 10th Aug.

 

I haven't replied to the court yet or got in contact with wescott im not too sure what my first steps are and any help would be VERY much appreciated.

 

If as you claim this debt is over 6 years old and you have not acknowleged the debt in that time then it is Statute Barred.

[RYANOFLARE]

Wow thanks for the quick replies, ok the POC is as follows:

 

The claim is 704.64 being monies owing to the Claimant in respect of goods provided by Littlewoods to the Defendant under account number **********. The agreement was terminated due to the Defendant failed to maintain the agreed terms. In accordance with the pre-action protocols the Claimant has attempted to contact the Defendant and agree a repayment plan. The Defendant has failed to respond or maintain a suitable arrangement. Littlewoods has sold and assigned all rights, title and interest, under this agreement to Wescot SPV Limited.

 

And the Claiment claims interest pursuant to section 69 of the County Court Act 1981 at the rate of 8% per annum from 24/10/2006 to 05/08/2011 totalling 269.49 and thereafter at a daily rate of 0.15 to date of Judgment or sooner.

 

 

So in total its the 704.64 plus interest plus 55 cort fee and 70 solicitors costs as well totalling 1099.13!

[dx100uk]

moved to the legal forum

 

what does your CRA file say about this debt?

 

dx

[RYANOFLARE]

checked that out too and its not there! Have only been a member on there since May and checked Mays credit report as well just to be sure and no sign there either.

[concorde]

checked that out too and its not there! Have only been a member on there since May and checked Mays credit report as well just to be sure and no sign there either.

 

Debts 6 years and older are removed from your credit file,therefore as previously stated the debt is Statute Barred unless Dx disagrees with me.There are plenty on the forum who will help and give good advice,so do not worry to much.

[dx100uk]

checked that out too and its not there! Have only been a member on there since May and checked Mays credit report as well just to be sure and no sign there either.

 

can you just ensure that any previous addresses are shown under that section of the CRA file

if you have moved since the A/C was taken out ?

 

dx

[RYANOFLARE]

ok yeah have moved quite a few times since then will have to get my report updated asap, hopefully it still dont show!

[alfwithhair]

I would suspect the date 24/10/2006 would be when Wetclothes bought the account. Is this the first contact you have had with them?

 

Has there been any other collectors chasing this debt in the past prior to Wetclothes purchasing it?

 

If you have all your old bank statements and are certain you have paid nothing in over 6 years then it will be almost certainly be statute barred.

 

Someone will point you in the right direction with a defence to send to the court

[RYANOFLARE]

ok just tried updating my previous addresses but not open till monday, due to the time contrants from the court anything i can do/prepare for monday untill i update my report?

[the_shadow]

ok just tried updating my previous addresses but not open till monday, due to the time contrants from the court anything i can do/prepare for monday untill i update my report?

 

You have 14 days from date of service to respond to the claim and if this is a MCOL claim (northampton Bulk court) you can do that online 4pm on the last day so time is not critical yet.

 

you can also acknowledge the claim and indicate you wish to defend which would give you a further 14 days... so timescales are:-

 

5 days service from date of sending

14 days from that date

14 further days if acknowledged

 

S.

[the_shadow]

I would suspect the date 24/10/2006 would be when Wetclothes bought the account. Is this the first contact you have had with them?

 

Concur with Alf here... only other query is have you ever sent off a CCA with the £1 fee to them or any other DCA?

 

S.

[RYANOFLARE]

No have never issued a CCA before so will have a look on here as seen plenty of threads on this, this would show me what they have?

[the_shadow]

No have never issued a CCA before so will have a look on here as seen plenty of threads on this, this would show me what they have?

 

No, its not needed now court action has been initiated... its purely that DCA's like to claim that £1 statutory fee is a part payment towards the debt, it could have been another way wastecott claim the debt was acknowledged.

 

S.

[RYANOFLARE]

sorry getting ahead of myself, 99.9% i have not acknowledged this debt since i heard/paid littlewoods (01/04/05).

[RYANOFLARE]

Right have updated all my details on my credit report and there is definatly no sign of this debt!

 

How should i proceed?

[postggj]

Check back tonight and ill draw up some letters

[RYANOFLARE]

thanks will do.

[postggj]

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court[

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

Yours faithfully

 

 

send this letter by recorded delivery to the claimant and acknowledge the claim by stating you will be defending in full

 

you only have 14 days

[RYANOFLARE]

Thanks postggj will get this off tomorrow and keep any info updated.

[RYANOFLARE]

Sorry getting confused now, do i need to send a postal order with this request?

[dx100uk]

dont think there is a fee for CPR only cca/sar

 

dx

[postggj]

send it to the claimant by recorded delivery

 

THERE IS NO FEE INVOLVED