Intelligent Finance - Robinson Way - Horwich Farrelly

[Slyk]

Hi, I've been issued with a County Court Claim Form by Horwich Farrelly for an old Intelligent Finance credit card dating back to 2001. From the information I've found on this website and forums the only prescribed term missing is the 14 day right to cancel agreement missing from the signature area of the agreement.

 

I'm wondering how best to proceed. Do I go for enforcability of the claim or go for a SAR to see if there's a break of 6 years without any communication or payments? I've scanned the documents (apart from T&C's) they sent in response to my CCA request.

 

 

Any sound advice would be greatly appreciated.

[42man]

If there is a gap of at least 6 years (5 in Scotland) where you have not made a payment or acknowledged the debt in wiriting then this will be your defence.....when they withdraw the claim then you can hit them with a wasted costs order

 

1 The Claimant's claim was issued on (date).

 

2 The Claimant 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. If, which is denied, the Claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

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

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

[Slyk]

Thanks. I cannot recall whether there has been a break of 6 years or not as my mental health has varied somewhat over the last 10 years.

 

Do I issue a SAR to Horwich Farrelly to find out if I'm able to defend the case using statute limitations?

 

Cheers for the help.

[HAWC]

Do your mental health difficulties class you as a vulnerable person

[Slyk]

Do your mental health difficulties class you as a vulnerable person

I don't honestly know. Most likely not at the moment but maybe a few years ago for a good while they possibly could have been.

[Slyk]

I would really appreciate a reply regarding my query as to whether issuing a SAR is the right action to take. It's a matter of urgency as I'm running out of time to submit my defense/acknowledgement of service.

 

Cheers

[42man]

A SAR will take 40 days to provide information, you could try using the Civil Procedure Rules CPR31.14 (but there is a lack of particulars to use that effectively) or possibly CPR18

[42man]

Have a read... - http://www.consumeractiongroup.co.uk/forum/showthread.php?298013-CPR-18-letter-template

[PGH7447]

if you are going to sar it would be to Intelligence finance, but they then have 40 days to reply which would be too long, have you acknowldged the claim yet? and have you put down to defend

[Slyk]

if you are going to sar it would be to Intelligence finance, but they then have 40 days to reply which would be too long, have you acknowldged the claim yet? and have you put down to defend

I have not completed the acknowledgement of service yet.

[Seminole]

If you intend to defend the claim or part of it, you absolutely must acknowledge service. This gives you more time and doesn't do you any harm.If you don't do this, you run the risk of the claimant going for a default judgement.

[matty_choo]

Hi there,

 

I have exactly the same credit agreement, have a look at the letter I sent them on the post from the 6th May 2010. Might be worth including this in your defence?

 

If it makes you feel any better, I have had umpteen DCA's chasing me for this debt and not one of them, or the OC has taken me to court since sending them this.

 

I hadn't received any correspondance regarding the account since February until a letter last month telling me that Intelligent Finance/RBS had sold on the debt and I am now being chased by this company.

 

Just going to send them copies of the letters and see what happens.

 

Hope this helps mate and good luck, I will be watching this post with interest!

[matty_choo]

http://www.consumeractiongroup.co.uk/forum/showthread.php?258362#post2910763