Another Lowell Claim for current account

[lochlisa]

help please!

 

Debt not acknowledged, or paid, for well over 6 years. Two default dates on file, one for 2009, one for 2013, but nothing been paid on account since mid 2007

 

new DCA thrown me to Court, so how do I find the very original default date and have this thrown out because it is statute barred?

 

any help most welcome,

 

thank you!

 

Lisa

[ims21]

Hi

 

Have you actually received court papers?

[lochlisa]

Hi

 

Have you actually received court papers?

 

Yes, have court papers

[ims21]

Hi

 

I have moved you to the legal forum in view of the issue of court papers.

 

The guys will be along to help as soon as they are available. In the meantime, what is the date of issue on the court form (top right hand corner)

 

Can you also type up the Particulars of Claim as they appear on the form please?

 

What type of debt is this and can you give some history please?

[lochlisa]

Current account taken out in June 2007 with O/D facility.

 

Papers dated 5 Feb.

 

Particulars : The claimants claim is for the sum of £643.27 being monies due from the defendant to the claimant under a current accounts agreement regulated by CCA 1974 by the defendant and Barclays bank plc. under account ref 1234567890 and assigned to the claimant on 09/07/13. The defendant failed to maintain the contractual payment under the terms of agreement and a default notice has been served and not complied with.

 

 

Lisa

[ims21]

Did you ever receive a Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974 ?

 

On an overdraft the Cause of Action for Statute Barring is normally the date on which they formally call it in and demand full payment.

[lochlisa]

Did you ever receive a Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974 ?

 

On an overdraft the Cause of Action for Statute Barring is normally the date on which they formally call it in and demand full payment.

 

To be honest, I have absolutely no idea - is there a way of checking if these were served?

[ims21]

Ok I think you should be getting a Subject Access Request (SAR) off to Barclays tomorrow.

 

Template is in the CAG library, the link to which is at the top of every CAG page in green Cost is £10 and they will have 40 days to comply.

 

Also send a CPR 31.14 request to the claimant (who are they by the way). With that you can ask for any documents they they refer to in the PoC, in this case the agreement they mention and the Default Notice they mention.

 

Again the template is in the library.

 

As regards the entries on the credit file, are you sure the later dates are not just updates. The original default date must not be changed.

 

The more legally minded will be along to help you further.

[lochlisa]

thanks everyone for help so far.

[AndyOrch]

Who is the claimant lochlisa ?

 

Does it begin with L and end in L ?

 

Regards

 

Andy

[lochlisa]

Who is the claimant lochlisa ?

 

Does it begin with L and end in L ?

 

Regards

 

Andy

 

 

...and the prize goes to Andy

[AndyOrch]

You must use the CPR 31.14 current account version (in the library)

 

Can you type out their particulars (verbatim) less any identifiable data.

 

I will alter your thread title to a more suitable heading.

 

Andy