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

[citizenB]

I would say leave it until a few days before the official submission date. Just in case they send any thing in respect of your requests.

[popeye1]

Ok will do

[popeye1]

Hi

No letters yet.issue dare 23 oct..Ack done ,Defence to do .Give it a few more days?

[Guest]

up to you, as long as you get it in on time. how long have you got left?

[popeye1]

Issue date 23 Oct,so 5 days +14+14 .so I make it about the 25th Oct. I would do defence a few days before this date. Letters have been received by solicitors, just hope I have got it all right. They are over there time to reply to my letters.

Thanks

[citizenB]

Issue date 23 Oct,so 5 days +14+14 .so I make it about the 25th Oct. I would do defence a few days before this date. Letters have been received by solicitors, just hope I have got it all right. They are over there time to reply to my letters.

Thanks

 

I think you probably mean 25th November If you don't, then you are very late !!

 

 

33 days from date of issue is certainly 25th November. It really is up to you.. you can submit early or wait until nearer the date.

[Guest]

looking back, has your cca request expired with no response?

would it expire in time re def deadline? if so, maybe wait for that to pass at least?

 

or are you just doing the Stat Bar defence? if so, seems no real need to wait?

 

otherwise, prepare as is, and wait until a day or two before deadline?

Edited November 13, 2013 by Ford

[popeye1]

CCA received by capquest 1/11/13 31.14 received by drydens 2/11/13

 

Received 2 letters today.

[Peterbard]

Is this a loan secured on your property ?

 

SB on loans secured against land is 12 years of course.

[popeye1]

I do not think so .I am still not sure what it is for ,I did have a business loan .I hope it is not a secured loan.Iwondered what that ,Mortgaged property, ment

 

I do not understand that ,mortaged property, bit

 

What do you think of the letters above, I thought they should have all the documents mentioned in the POC already

[Peterbard]

I think it may be a good idea to check the land registry and see what charges are registered against your property

[fletch70]

Did the line about mortgaged property have an address on it?

However under the circumstances a quick land registry search would be a good idea

[popeye1]

No address under M/Property.checked with Land Registry and its clear.

Thanks

[fletch70]

My guess it was a generic template some idiot probably used the wrong one

[popeye1]

I do hope so.What about the ;14 days to respond to the claim; is that an extra 14 days.And should they already hold the paperwork from the POC before the start a claim

Thanks

Edited November 15, 2013 by popeye1
extra info

[Peterbard]

My guess it was a generic template some idiot probably used the wrong one

 

Either that or they had been checking to see if the OP had any assets prior to action, and the result was mistakenly written on this letter.

[fletch70]

For that why not send Citizen B or one of the site team a PM with a link to the thread asking them to pop in

[popeye1]

Hi fletch

I am not sure how you do above

[Guest]

My guess it was a generic template

 

 

ditto, as no address was written there.

[fletch70]

To Pm click on a persons profile and then click on the "send private message"

 

To provide a link copy and paste what is in the address bar of this thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?407405-Claim-for-poss-Statue-barred-debt-.&p=4399427#post4399427.

 

By the way no good trying it on mine as I can not send or receive pms

[citizenB]

Responding to S.O.S.

 

That was my thought at first.. was this loan a secured loan in which case it would be 12 years before you could claim statute barred.

 

However, if it was not a secured loan, then it is possibly they have typed that on in error. Probably checked to see if you still have a mortgage outstanding and entered that on the letter reference.

[popeye1]

Thanks.

How about the 14 days extra they talk about .would I be better to stick to the time scale already.I am still not sure what this account is.

[Guest]

after the def deadline has passed and there has been no defence submitted, they can apply for default judgment (cpr part 12)

 

it seems as if they are giving you more time before they would do that, but it seems ambiguous.

 

really, you should consider getting a formal written def extension date (up to 28 days from the original deadline, as per cpr 15.5)

and for them to supply docs x days before that, or if not submit a defence in time as per original date to avoid a poss def judgment?

Edited November 15, 2013 by Ford

[popeye1]

Can I submit a defence but when/if paperwork arrives somehow change it

Thanks

[Guest]

thats the prob in such circs where they don't supply the promised docs in time, what to do?

generally, would need the claimants consent, or the courts permission, to amend a defence (statement of case) once submitted. civil procedure rules part 17 etc

Edited November 15, 2013 by Ford