Duncton, Moneybarn, Shoosmiths Claim *** Claim Discontinued***

[Soul Reaver]

Hi Guys

 

Way back on 4th of October 2003 I had a Mitsubishi L200 from Duncton. I paid 10k of a 17k lease but gave the vehicle back after duncton failed to provide me with a tax disc as part of the agreement. They could not provide a tax disc at the time because they could not find the MOT and I suspected I had been driving it illegally.

 

Over the years they have occasionaly sent me letters claiming I owe them 6k of the remaining lease all of which I have ignored.

 

Today I recieved a load of photocopied papers that were sent from Salford County Court Money Claims Centre. If you receive a real county court judgement don't they send you out the papers fom the county court and don't they send originals?

 

The claimants solictors on the forms is Shoosmiths and he is a trainee.

 

Is any of this real? I checked out whois for moneyclaims.co.uk and it was first registered on 20th March 2012. This is the address

 

96, Town Gate

Wyke Bradford

BD12 9JB

United Kingdom

 

Not only that but surely this is statute barred anyway after over 10 years?

 

Cheers for your help

Edited December 6, 2013 by slick132
removed individual's name - not nec'y

[citizenB]

Did you receive a claim form with the paperwork ? You could always telephone the court to establish if it is genuine. Claims are now issued via the Bulk issuing centres. I thought it was Northampton, but perhaps there is also one in Salford. I will ask others to look in on you.

[Soul Reaver]

Hiya

 

There is a photocopied claim form

A bunch of photocopied original agreement forms

A response pack also photocopied

 

The vehicle was given back and then sold by them on 25/08/05 so as far as I am concerned its statute barred. What do I do please?

 

Cheers

[slick132]

Hi Soul,

 

The Salford CCMCC office has been operating for a year or two now and they process all newly started claims, which used to be started at one's local County Court.

 

1. When was the CCJ issued by the court and does it have a court seal on the copy sent to you.

 

2. Has your home address changed since the dispute first started.

 

3. Is your home address shown on the CCJ.

 

4. Who sent you these papers. Did they come from the CCMCC office, or from the solicitors.

 

5. Have you had any contact recently either with the court offices or with the sol'rs.

 

[Soul Reaver]

Hi Soul,

 

The Salford CCMCC office has been operating for a year or two now and they process all newly started claims, which used to be started at one's local County Court.

 

1. When was the CCJ issued by the court and does it have a court seal on the copy sent to you.

 

2. Has your home address changed since the dispute first started.

 

3. Is your home address shown on the CCJ.

 

4. Who sent you these papers. Did they come from the CCMCC office, or from the solicitors.

 

5. Have you had any contact recently either with the court offices or with the sol'rs.

 

 

 

Hiya Slick

 

 

1. When was the CCJ issued by the court and does it have a court seal on the copy sent to you.

I dont know when it was issued but it has a date of service as Dec6th

There is a Northampton Seal on the paperwork

There is a lable with a bar code on the paperwork

 

2. Has your home address changed since the dispute first started.

Yes many times as i live and work all over the world.

 

3. Is your home address shown on the CCJ.

No the address it was sent to is my mates address

 

4. Who sent you these papers. Did they come from the CCMCC office, or from the solicitors.

The papers came from Salford CCMC

 

5. Have you had any contact recently either with the court offices or with the sol'rs.

None whatsoever

 

Cheers

Soul

[citizenB]

I am advised the court papers are legitimate and you should start acting on them.

 

You say the date of "service" is the 6th December - which makes the Date of Issue, the 1st - is that correct ? But we will work from December 6th for your timeline.

 

Date of service = 6th December + 14 days to acknowledge = 20 December + 14 days to submit defence = 3rd January 2014.

 

Could you please let us know what it says on the claim form.. the reason they have brought this claim against you.

Edited December 8, 2013 by slick132
changed 2015 to 2014

[Ganymede]

Yup those Court papers are real.

[Soul Reaver]

Its says

 

Monies due under a Consumer Hire Agreement dated 04/12/2003. The Claimant seeks a Money Judgement for £6915.41 plus costs and interest against the defendant.

 

The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction

 

1. On 8th August 2011 the Claimant chnaged its registered name from Duncton No 1 Ltd to Moneybarn No 1 Limited

 

2. The Claimant let a vehicle to the defendant under a hire purchase agreement

 

3. The defendant failed to pay installments due and repudiated the agreement. The claimant accepted the repudiation and terminated the agreement on 25th August 2005. The claimant subsequently repossesed and sold the vehicle

 

4. The claim is for the balance due under the agreement, alternaticly damages.

 

5. Agreement date 4th October 2003

Total amount payable £17.055.30

Total paid £ 10.139.89

Total claim £6.915.41

 

6. The claimant claims statutory interest at 8% annum from 4th December 2006 to date in sum of £3.865.05 and further £1.52 per day until payment

 

The claimant has complied as far as is necessary with the pre-action conduct practice direction.

 

 

 

Cheers

Soul

[renegadeimp]

When was your last payment/written ack?

[Soul Reaver]

When was your last payment/written ack?

 

God knows. Sometime in 2005 I guess. Certainly not after the repossesion. Never have I ack the debt. They breached contract by not providing a valid tax disc for the vehicle and this is because they could not find the MOT at the time.

 

Cheers..

[renegadeimp]

If you are 100% sure that it has been more than 6 clear years with no payment or written ack, Then your defence would be that the debt is statute barred. It is a complete defence.

[slick132]

Hi Soul,

 

As others have said already, this is a genuine court claim against you and you must adhere to the relevant dates, to acknowledge the claim stating your intention to defend in full, and to file a defence.

 

Your defence as also said is that the matter is Statute Barred under the Limitation Act 1980.

 

[havinastella]

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

 

2 The Defendant 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.

 

Signed:

 

Dated:

[Soul Reaver]

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

 

2 The Defendant 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.

 

Signed:

 

Dated:

 

 

Hi Guys

 

Thanks for your help. Questions.

 

1. Do I write the above on asheet of paper and sign it and send to the court or do I fill out the whole court papers and write that in the box provided?

 

2. Do I bother to explain that they were in breach with me or not bother?

 

Cheers

Soul

[renegadeimp]

You write it in the box where your defence goes. Im not sure, but if it doesnt fit in the box, you may be able to attach a sheet of paper.

 

2. Nope. A statute barred defence is a complete and total defence. No need to ramble on about silly stuff.

[Soul Reaver]

You write it in the box where your defence goes. Im not sure, but if it doesnt fit in the box, you may be able to attach a sheet of paper.

 

2. Nope. A statute barred defence is a complete and total defence. No need to ramble on about silly stuff.

 

Ok cool thanks but I dont udnerstand how this is written?

 

 

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

 

2 The Defendant 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 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.

 

Signed:

 

Dated:

 

That sentance does nto make sense to me. Do I insert years into there as in 6 or something?

[havinastella]

Yes

[slick132]

Assuming you have paid nothing to the lender since 2005, I'd say :-

 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 8 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

Use the rest of the defence as listed by Havinastella.

 

No need to rush this - just get the Acknowledgement of Service into the court first. I think the AoS has to be filled in and sent back to CCMCC, Salford. You can't do it online, as would be the case with a claim filed through the MCOL service.

 

[Soul Reaver]

Assuming you have paid nothing to the lender since 2005, I'd say :-

 

 

 

Use the rest of the defence as listed by Havinastella.

 

No need to rush this - just get the Acknowledgement of Service into the court first. I think the AoS has to be filled in and sent back to CCMCC, Salford. You can't do it online, as would be the case with a claim filed through the MCOL service.

 

 

I have filled it all out and will send it by post. Still dont understand that language though

 

If which is denied. Why or what would the claimant deny?

[renegadeimp]

Dont worry yourself about the terminology. Just follow the advice given and youll be ok.

[slick132]

Hi Soul,

 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract ........

 

The commas make the sentence sensible. Put another way, it says :-

 

If the claimant contends that the Defendant is in breach of the alleged contract (although the defendant denies this) .........

 

We always encourage users to try and understand what they are doing or saying but, for now, send what we've said.

 

Edited December 9, 2013 by slick132

[Soul Reaver]

Hi Soul,

 

 

 

The commas make the sentence sensible. Put another way, it says :-

 

 

 

We always encourage users to try and understand what they are doing or saying but, for now, send what we've said.

 

 

Hi Guys

 

Thanks for all your help. I have written it as you said and posted it today. Sent it recorded and took pictures of all the docs too.

 

Cheers

[Soul Reaver]

So I have an update. Today I recieved a letter from Shoosmiths stating

 

For commercial reasons we have been instructed to discontinue our clients claim against you.

We therefore enclose by way of service on you a notice of discontinuance which we have today lodged with county court claims centre CCMCC

 

Nice

[silverfox1961]

Hi and well done.

 

As soon as they saw you knew what you were doing, off they scuttled.

 

That should be the last you see of this

[Soul Reaver]

Hi and well done.

 

As soon as they saw you knew what you were doing, off they scuttled.

 

That should be the last you see of this

 

Nice xmas prezzie Thanks for your guidance