DCA claimform for pos Statute Barred Lloyd Business loan/card debt.

[popeye1]

Claim for a believed statue barred debt has arrived.

I am going to defend all.

 

About 8 years I had problems with debt and believe sorted them all out.

 

I do not recognise any of the figures on the claim form .

 

Any help appreciated.

 

I intend to fill in the Acknowledgment form.

 

Do I send in the defence page at the same time because I am not sure of any details of the debt

[it might be one I missed in the early years].

 

Any help would be appreciated ,thanks

[Guest]

MCOL?

 

just do the acknowledgment of service with intention to defend for now,

would then get further time to submit a defence. if thats what you intend to do.

 

if 100% sure is barred,

then stat barred defence should suffice,

up to them then to prove otherwise.

 

but, if you think could be re another matter,

 

then cpr 31.14 and/or cpr 18 may be useful (see the stickies).

 

is it small claims?

 

more info needed though for fuller help.

Edited October 26, 2013 by Ford

[fletch70]

As I was quite rightly corrected on, if it is a debt covered by the CCA then send a S77-79 request now.

[Guest]

if applicable, and not done before, then do one. what are the circumstances popeye?

[popeye1]

Hi and thanks

The claim is less than 10k and on claim form says owed on a credit agreement,

it gives an account No

 

.I am going through old paper work at this time

 

.Could be a business loan or overdraft when I was subbing to firms and work stopped ,bank would not help.

 

What is- to contest jurisdiction- in the Acknowledgment form mean, do I tick this . Thanks

[Guest]

prob not, is it a domestic matter ie under the courts jurisdiction?

can you type up their particulars of claim, less any identifiables.

[popeye1]

Hi

At the claim from court stage ,it says

 

Monies owed by the defendant on a credit agreement held by the defendant with bank and an account Number

 

A default notice was served /not been complied with

 

Sale between Bank and Debt collection company

 

The above is what the claim form said,

 

no dates ,

 

no clues as to what account it is .

 

I had lots of things happening at that time,

 

I was fighting the banks every step of the way

and I believed I had left that all behind me .

 

It is not a small amount but I am sure it is over 6 years old.

[Guest]

ok,

check your records,

see if there and if so whether poss barred or not.

 

the bank name and number should give you clue?

 

re cpr 31.14

 

can ask for copy of docs mentioned in the particulars,

so agreement, def notice, sale.

but, is likely to be small claims so they might not respond on it,

even though is not tracked yet.

 

also with cpr 18. see the sticky threads re those.

 

as fletch says,

if it is regulated, then do a cca request as well.

 

in the meantime, if intending to defend,

then acknowledge as such in time.

 

have you checked your credit files recently?

Edited October 26, 2013 by Ford

[dx100uk]

theres no need to be so cagey

 

scan up the PoC

 

just remove pers details & MCOL password etc.

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

*************************************************************

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[popeye1]

Ok will look for any paperwork .Only got the POC at the moment..Will make up a CPR31.14 and send once checked

[fletch70]

Fully understand why you may not want to put your details up but as said by DX, I scan to Jpeg, edit with MS paint then convert to a pdf with a free PDF editor.

 

If you need an expert I would suggest that you PM Andyorch or CitizenB to ask for someone who knows the most about this stuff to help.

 

It is the weekend so less busy

[popeye1]

Try again

 

Cannot find any p/work,so I think CPR 31.14 AND cpr 18 and CCA request. Is there a letter about statue barred about. Also I will add a note about them wasting the courts time if it is barred. I will ring Lloyds and see what I can find out as well. Any thoughts would be welcome.Thanks

[sequenci]

That's the most ridiculous POC I've ever seen!

[popeye1]

Thanks Sequenci, I have checked one credit ref and nothing showing about lloyds

[Peterbard]

Ridiculous is right, did they issue any letter before action or default notice before the claim ?

[popeye1]

I am pretty sure I have had no DN letter.

[Peterbard]

The POC is insufficiently particularized.

 

put them to strict proof that:

 

Any such debt ever existed

 

Any such debt was ever properly executed, as prescribed under 61 of the consumer credit act 1974.

 

Any such debt was not statute barred under section 5 of the statute of imitations act 1980

 

Oh you could also mention that no default notice or letter before action had been received and therefore the claim had not complied with pre action protocols.

[popeye1]

Hi Dodge

Thanks for that ,is there a letter that would suit or shall I make one up. Do I still send cpr31.14/ cpr 18 /CCA request.

[Peterbard]

Hi Dodge

Thanks for that ,is there a letter that would suit or shall I make one up. Do I still send cpr31.14/ cpr 18 /CCA request.

 

Yes you could ask for a coy of the agreement since one was mentioned in the claim under CPR.

 

You could also fire off a CCA request under section 77-78 of the consumer credit act, if and when they don't respond this can give you further ammunition.

 

There are others on here that are far better versed in the procedures then me, but I should think a response along the above lines would suffice.

[popeye1]

Would this be in order

[Peterbard]

Would this be in order

 

Seems fine to me , of course you need to acknowledge the claim and indicate that you intend to defend.

[popeye1]

Hi

I have acknowledged the claim but left the defence section empty ,hope that's right.

[Peterbard]

Yes i believe that this gives you extra time, as long as you keep an eye on the clock and see what comes back.

[fletch70]

Just 2 points

Check your spelling, it says Dera not Dear

 

Don't you have to tick the defending part within a certain time

[popeye1]

Hi Fletch70

Yes I will check spelling, thanks for that. Do I have 28 days to supply the defence from the date of service.5 days after issue date on claim form plus 23. I ticked the defend all section on the first page .there is another defend all on the defence page [section at bottom to write in your defence] but I have not filled any of this page yet. Is that right.

Thanks