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

[popeye1]

I am thinking submit a defence and should things prove otherwise ask the courts permission to amend ? or maybe not?

Have to leave it all to the last minute, maybe phone solicitors to put dates in writing to me.

Thanks

[Guest]

as they've asked for time as you offered in your cpr letter, and you also want more time yes why not try a quick call or email in response to their letter

to get an agreed defence extension date as per cpr 15.5, and them to furnish docs say at least x days before that?

 

eg your current date is 25 nov?

so an extended def date 'up to 28 days' from then (specify a date).

get them to confirm in writing (email would be ok),

then forward that to the court referencing cpr 15.5

saying have agreed an extension to x as per attached.

Edited November 15, 2013 by Ford

[citizenB]

If they are prepared to go with an extension.. due to their lack of paperwork, then the following MUST happen.

 

They must agree with you an extension of a period of time that involves a DATE and they must do it in writing.

 

You as the defendant are then obliged to let the court know, with a copy of the claimants confirmation, that there is a new filing date.

 

Both parties can agree an extension of up to 28 days (with a DATE) under CPR15.5

 

Their letter is ambiguous, they say they will allow you a further 14 days to respond to paperwork.. when they receive it and hten send it on to you. This could be a week next Christmas !!!

 

They say, they will not apply for a default judgement. They might well not, but I for one wouldn't accept this and I am sorry, I don't think the court will either.

 

So .. contact them again. Ask them to agree an extension of up to 28 days and give you a proper date which you can then inform the court of. But the solicitor must confirm this in writing.

[popeye1]

Thank you all ,I will do as you say.

Thanks

[popeye1]

Hi

Phoned solicitors, they said they would send a follow up letter enforcing what they already have said in the first letter but would not name a date and that all was on hold and they would not seek judgement against me. They said this was enough to satisfy the courts should I need to. Got through to the courts ,the guy just said if I do not believe the solicitors- send in my defence.

I will wait as long as I dare ,for the letter,maybei could send in my defence .Not sure again what to do. If I send the first letter to the courts ,would that be good enough .

Thanks

Edited November 20, 2013 by popeye1
extra info

[citizenB]

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part15#15.5

 

Have a read of CPR15.5 - in the link above.

 

The Solicitor is being disingenuous.. true they are in a position not to seek judgment by default. However, an extension can only be agreed between the parties for up to 28 days.

 

It is the court timetable that needs to be adhered to, not the Solicitors/Claimants.

 

I am not quite sure what you need to do in the circumstances. If it were me, I would be letting the court know that they issued a claim without having the paperwork. When you suggested an extension according to CPR, you were advised that they weren't prepared to provide you with a date.. Just that they would allow you so much time .. after they had provided the documents.. which could be sometime, never.. a week next Christmas ??

 

However, it isn't me, so I will ask one of the other Site team what you should do

[citizenB]

I am not sure where we are with this anyway. It was my understanding this debt was statute barred - if so, then you should just submit the SB defence ?

[popeye1]

I will make some calls tomorrow, Courts& Banks[to try and trace the account]and then Sols to gather some information.

CPR 31.14 offers to allow extra time. If I submit my defence to the time dates. Would this cause problems over them not having extra time or does it make no difference if I submit it this week. I have found it hard to speak the right person at the courts but I have some spare time tomorrow.

Thanks

[citizenB]

The courts wont really be able to advise you.

 

If you submit a defence, then extra time is irrelevant.

 

Is this account statute barred or not ?

[popeye1]

I believe it to be SB however I cannot confirm what the account is. I will phone the bank and see what they can tell me.

 

I do not know how to ask for extra time from the courts

[citizenB]

You would have to make an application to the court, on form N244 I think, it will cost you £45 without a hearing and £80.00 with a hearing.

 

If you do not know what the account is then that is your defence !!

 

Have they not provided an account number on the claim form ?

[citizenB]

IMHO, your defence would be along the lines of..

 

You do not recognise the account reference. The Claimant has refused to provide further information by way of CPR in order for you to understand the claim against you.

[popeye1]

Hi

I have phoned bank and courts .

Any of the account numbers mention on the POC ,they do not know.

Phoned the court and at last a lady who was very helpful and said ,to cover myself send in my defence.

As the solicitors have not given me a def date I will send in Statue barred defence as you advise as well.

Thank you

[citizenB]

Righto.. here is the statute barred defence..

 

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.

 

 

[popeye1]

Thanks

SB defence submitted, another wait and see time. Thanks to all who helped this far .