Turnball Rutherford Solicitors have just delivered a Stat Demand for Statute Barred Debt** DISCONTINUED**

[42man]

Apply to set aside the CCJ, and the stat demand.

[Hants38]

Yes they said they will send the papers at £5 each so £10 total I should recieve them shortly

[Hants38]

I am off on Friday the 23rd so will make sure I go to court then to swear the papers in. So am I able with the information so far to fill out form 6.4 and 6.5(Afidavit) ?

 

Thanks

[DonkeyB]

How different is the address they sent the claim form to from your own? Did you check with the people at that address whether they sent the docs back?

[DonkeyB]

I fancy HFO issued the claim within six years of the default date. They have argued (wrongly) in the past that the default date is the cause if action.

 

As the SD was hand delivered, it begs the question whether delivery was first attempted at the wrong address. If they then deliberately delivered an SD knowing that the claim was issued elsewhere, I would suggest that was a pre-meditated abuse if process and therefore possibly contempt of court.

 

But then what do we really expect from these scummy lowlifes?

[Hants38]

Donkey you have PM

[Hants38]

So can i complete my forms as yet? My clock is counting down and I could lose everything if they get this SD awarded

[Hants38]

Gordon from Barclays has now called back and said I need to write to Barclaycard house, PO Box 9952, Northampton, NN4 1ZY requesting the Agreement and any info on the account.

 

I'm worried that i do not have enough time for them to get this info back and i'm now going to be railroaded threough with a SD

 

Any other advice that i need to do?

[BRIGADIER2JCS]

Send the request by next day delivery,

and explain the urgency and quote ''Gordons''

instructions.

Brig.

[coledog]

Will he not give you an email address? Is he actually in the Directors Office? Other people have had email confirmation. Has he still not found the last payment date? This is what you need so he may just be trying to fob you off. Don't worry too much about it , I think that you need to look at this Set Aside but may be worth getting back on and ask for an email address as this is an urgent legal matter. If he says no ask to speak to someone higher up. Ask for Paul Hart or Mathew Thompson

[broken arrow]

I can,t help with the SD bit, never seen the forms you need to fill.Have done a N244 application( for the CCJ set aside) before, so I can help with that, I will post a link to the form.

[broken arrow]

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf

[Hants38]

Thanks BA

 

No gordon said it has to be in writing so will send next day delivery

[coledog]

Did you speak to Bolton? And have your checked your Credit files to see if this account is on there? (They may be in a bit of a mess due to the address confusion but you never know)

[Hants38]

No not yet but I will.

 

Ok when I speak to bolton I need to do the following:

 

1. Tell him i'm setting aside both SD and CCJ

2. Ask him for details of the Credit Agreement over phone

3. Ask him for date of supposed last payment to account

 

Do I mention the CPR request sent to them yesterday?

 

Have I missed anything

[DonkeyB]

Ask him for a copy of the claim form. No need to tell him about setting aside the CCJ unless you fancy ruining his training day.

 

If he asks why you want a copy of the claim form, tell him that's your business.

 

I imagine he would rather discuss the default date than the last payment date!

[Hants38]

Hi DB I'll do just that...

 

May I ask why he'd rather talk about default date as oppose to last payment date

[broken arrow]

The last payment date would have made it stat barred.

[Hants38]

good point ....doh!!!

[DonkeyB]

As mentioned earlier, HFO/TR have in the past claimed that the stat barred clock runs from the default date. Not so, and they know it.

[DonkeyB]

Interesting point, as HFO got a default judgment on this.

 

The claim form should have been sent to your ‘usual or last known address’ (CPR 6.9).

 

So did MSDW have the same wrong address? I doubt it... therefore I doubt HFO have complied with CPR 6.9, which is a good reason for a set aside itself. Simply not receiving the claim form is not guaranteed to get a set aside.

 

This still doesn’t address the four-year delay in contacting you since they bought the account!

[DonkeyB]

... and if you have moved and they think they got the correct address, then clearly they have mucked up. So not your present address either. Ooops. Bingo’s trainees feck it up again.

[DonkeyB]

Just one other thought for 42man. Does the issue of an SD count as enforcement when issued on the back of a default judgment?

 

If so, an application to set aside the CCJ itself could include a request that enforcement action be stayed pending the outcome of the set aside. Is this correct?

 

It might also be useful to ask the court if the record shows the claim form was returned to them, unserved.

[Hants38]

The court did answer that and said no claim form was returned.

 

So I need to ask James Bolton the questions as indicated in previous posts and then hopefully I have the info to set aside the SD, once that is done i should get the forms requested from the court as asked today.

[BRIGADIER2JCS]

SB date is on a monthly based account

1 month after the date of the last payment,

ie as the credit refs say date last delinquent:madgrin: