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County Court Claim Form Statute Barred

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Hi I am hoping someone can help me out .

 

I have received a County court claim form off Lowell Portfolio

 

I have already spoken to the citizens advice and they have told me that the claim is Statute Barred as it is from over 10 years ago and i haven't had any contact with them.

 

Right now is the confusing bit!

On the claim form they are trying to say i owe £470 in interest calculated at eight percent.

 

How does this affect the Statute Barred or doesn't it ?

 

Also what should i put in the Defense box section 3 ? In fact what should i tick or not tick in all of them ?

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Hello there.

 

Could you type up Lowell's Particulars of Claim [POCs] please, without identifying information?

 

And what is the date on the top right of the form?

 

This should help the guys to advise you.

 

HB


Illegitimi non carborundum

 

 

 

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Hello there.

 

Could you type up Lowell's Particulars of Claim [POCs] please, without identifying information?

 

And what is the date on the top right of the form?

 

This should help the guys to advise you.

 

HB

 

 

The Claim is for *** the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods.

 

This Debt was assigned to/purchased by Lowell on the 22/08/2006 and notice served pursuant to the law of property act 1925

 

and the claimant claims ***

 

The claimant also claims interest pursuant to S69 county court act 1984 from 22/08/06 to date at 8% per annum amounting to ***

 

 

I hope this helps

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Thank you for that, it should help, yes. :)

 

I hope the forum guys will be along later with advice for you.

 

HB


Illegitimi non carborundum

 

 

 

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Could you please also let us know what the date of issue is - you will find this at the top right hand corner of the claim form.


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And what is 'it'... assume not under seal?

 

Sorry for my lack of knowledge but what does this mean?

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Could you please also let us know what the date of issue is - you will find this at the top right hand corner of the claim form.

 

Yes it is the 21/01/14

 

Thanks

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So from your own records and even lowells poc they know its sb. Yet theyre still trying a claim?

 

Acknowledge receipt through mcol and we can give you the sb defence.


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It would appear that is the case . I basically had some debt back in 2003 and I sold my car and paid everything off . I can't remember if this was one of them but I know I haven't paid anything to them since at least 2003 .

 

Does acknowledging the receipt mean the courts give me 28 days?

 

I have printed off a template of stature barred letter to send to Lowell's solicitors shall I proceed and send this ?

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It would appear that is the case . I basically had some debt back in 2003 and I sold my car and paid everything off . I can't remember if this was one of them but I know I haven't paid anything to them since at least 2003 .

 

Does acknowledging the receipt mean the courts give me 28 days? You have 33 days in total if defending..5 deemed served so 28...14 to acknowledge the claim and then another 14 to submit your defence..33 days.

I have printed off a template of stature barred letter to send to Lowell's solicitors shall I proceed and send this ?

You do it on line the same way you acknowledged ...but not just yet.

 

 

Regards

 

Andy


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Sorry for my lack of knowledge but what does this mean?

 

Mortgage/ 2nd charge extending limitation period to 12 years?

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If the date of issue is 21/01.2014 then your timeline is as follows.

21.01.2014 + 5 days for service = 26.01.2014 + 14 days to acknowledge = 09.02.2014 + 14 days to submit defence = 23.02.2014.


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Uploading documents to CAG ** Instructions **

 

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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 -

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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.

 

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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If the date of issue is 21/01.2014 then your timeline is as follows.

21.01.2014 + 5 days for service = 26.01.2014 + 14 days to acknowledge = 09.02.2014 + 14 days to submit defence = 23.02.2014.

 

Thank you for putting that in to my terms .

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And what is 'it'... assume not under seal?

 

Sorry for my lack of knowledge but what does this mean?

 

Mortgage/ 2nd charge extending limitation period to 12 years?

 

What Mike is asking what is the debt....... credit card/ personal loan/ overdraft/Mortgage or second charge/mobile/ catalogue?

 

Who was the original creditor who assigned it to Lowells?

 

Regards

 

Andy


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What Mike is asking what is the debt....... credit card/ personal loan/ overdraft/Mortgage or second charge/mobile/ catalogue?

 

Who was the original creditor who assigned it to Lowells?

 

Regards

 

Andy

 

Hi Andy

 

It was a credit card with capital one

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Hi Andy

 

It was a credit card with capital one

 

:thumb:


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Not sure that would serve any purpose, if its barred its barred….. no point duplicating any correspondence the bulk centre will serve on it after you enter your defence.

 

Acknowledge the claim online stating you intend to defend all and make sure you get your defence in on time... if the other side want to argue the toss its up to it to prove.

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Not sure that would serve any purpose, if its barred its barred….. no point duplicating any correspondence the bulk centre will serve on it after you enter your defence.

 

Acknowledge the claim online stating you intend to defend all and make sure you get your defence in on time... if the other side want to argue the toss its up to it to prove.

 

Thank you for your help it's greatly appreciated. I'm sorry for asking so many questions I just want to get it correct . What shall I put or how shall I word my defence on the form ?

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Thank you for your help . So I just need to use the following

Do I lay it out exactly like this and word for word?

 

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.

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Thank you for your help . So I just need to use the following

Do I lay it out exactly like this and word for word?

 

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.

 

Yes, exactly like that, word for word :)


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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