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Statute barred and Form N180 Help Please


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I had received a County Court Claim from CCBC for an old bank account, I had previously made a Bank Charge claim for £ !330 this was stayed whilst the Appeal Court process went through. When I originally tried to reclaim off Nationwide they suspended my internet account which delayed cancelling all DD's etc on account.

 

They are trying to claim via MKDP Llp an overdrawn balance of £770 ( all charges for returned DD's ) I had never had an overdraft on this account or made an agreement for one I haven t made a deposit or admitted the 'debt' since October 2007. I entered the defence of statute barred that I saw on this site

 

I have now received form N180 stating it is now a defended claim, it states that case may be suitable for small claims court, I have to fill the form in by Jan 20th and file it with Court office

 

How should I proceed ?

 

Any advice gratefully received

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I've moved you into Financial Legal Issues.

 

When were the charges incurred? Time will run from then not from when they suspended your internet account.

 

As the amount is less than 10k this is a small claim so complete the DQ accordingly.

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If you are DQ stage and have already submitted a defence there is little further advice we can offer as it all relies on the defence you submitted.

 

 

Regards

 

 

Andy

We could do with some help from you.

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You don't add a defence to a DQ you have already submitted that.

 

 

The 6 years may have expired prior to Oct 2013 but what date is the claim ?

We could do with some help from you.

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The original charges were from May 2007, they also added interest until September 2007 I have paid nothing into the account since June 2007. The claim from MKDP via CCBC was issued 27th November 2013

 

They also returned all DD s in July and charged for them as well. I put a claim in against them for charges through CCBC on 16/07/13 and this was subsequently stayed due to judicial review and I never pursued it further

Edited by Mark26
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Mark, what defence did you submit ? If it was statute barred when the claim was issued, then you should have said so on your defence ?

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Uploading documents to CAG ** Instructions **

 

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Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Yes I did and I have now had the N180 which I have to return by Jan 20th. It states on the N180 that this is a defended claim. I just wanted to make sure that by filling it in my defence still remains, but andyorch has answered that above

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:thumb:

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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