Claim form Lowells/Carter - Statute barred Cap1 debt -***Claim Discontinued***

[citizenB]

I am actually quite surprised they havent realised there is already a judgment on this account - have you confirmed with the register of judgments..

 

trustonline http://www.trustonline.org.uk/

 

It will cost you £4.00 I think - I would think you might need to enter the address that they believed you were living at, at the time of the Judgment.

 

Would either Capital One or Lowells have been aware that you had moved ? If they had arranged for court papers to be issued to an address that they knew you were not living at - that could be a huge plus in your favour.

[Realist]

trustonline.org.uk which cost £10 shows a CCJ from 2008 for £388.00 and checking her credit file it is indeed £388 so where I got £441 from I don't know getting confused now, but that's up 24/11/2008.

 

 

So lets start again................

 

 

New order as above fresh court order.

 

 

Found how to log into the courts site and find below my defence.

 

 

Defence.

This alleged debt is barred by the Statute Of Limitations Act 1980

 

limitation act 1980 Section 5 “an action founded on simple

contract shall not be brought after the expiration of six years

from the date on which the cause of action accrued.”

 

The last contact/payment made was over 7 years ago and no further

contact/payment has been made to date.

History Claim:

A claim was issued against you on 27/02/2014

 

 

Your defence was submitted on 01/03/2014 at 10:20:51

 

 

Your defence was received on 03/03/2014

 

 

 

 

 

[Realist]

It was assigned to/purchased by Lowell Portfollio Ltd on the 14/08/2009 we moved into the current address in 2007 and the last payment/contact was made I would say in 2006 so that's 8 years ago now.

[Realist]

I know where I got those figures from the £441 is on her credit file NOT as a CCJ but as a default.

 

 

Default date: 08/04/2008

Started: 02/02/2007

Account updated: 11/10/2009

 

 

This is where I was thinking it was a reissued CCJ but its not, its a default.

 

 

So if she defaulted on the 08/04/2008 that's coming up 6 years next month and the last contact was 2007/8 which is indeed 6/7 years ago.

 

 

They are trying it on because its coming up 6 years plus old so I presume they was hoping this would be the last resort and we would cough up or contact them, which we have not since we moved in 2007.

[Realist]

Can I send a letter requesting any info they have to use as my wifes defence and so far logging into the courts site I don't see anything that Lowells have added.

[Realist]

Guys,

 

 

Not received anything from Lowells or the courts and when I log into moneyclaims online it says:

 

 

A claim was issued against you on 27/02/2014

 

 

Your defence was submitted on 01/03/2014 at 10:20:51

 

 

Your defence was received on 03/03/2014

 

 

And that's it?

 

 

How long do they have to reply to my defence and what do I do if they do stick to there guns and dispute it?

[Realist]

Received a letter from the courts today as follows:

 

 

Take notice that:

 

 

1: This is now a defended claim.

The defendant has filed a defence, (copy not enclosed).

 

2: It appears that this case is suitable for allocation to the small claims track.

If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Directions Questionnaire (Form N180) and explain why.

 

 

 

3: You must by 22 April 2014 complete the Small Claims Direction Questionnaire (form N180) and file it with the court office

 

Northampton etc etc.

 

And serve copies on all parties.

 

 

So now what do I do?

[AndyOrch]

3: You must by 22 April 2014 complete the Small Claims Direction Questionnaire (form N180) and file it with the court office

 

And serve copies on all parties.

 

As above

[Realist]

Yes I know the papers must be filled in and returned by the 22nd April but what does she say, do, write defend??

 

 

The debt is statute barred as far as we are concerned and they are pushing their luck.

 

 

PS,

In a fit of temper the papers received today are now in bits with an argument with the other half.

[AndyOrch]

All the instructions are enclosed within the N180 you simply tick the boxes and sign and return to court ....send the claimant a copy.

 

If its now in shreds you will have to download a fresh copy.

[Realist]

I've downloaded a blank copy.

 

 

Thanks.

[Realist]

Ok, form filled in and accepted mediation, printed two copies off and sending one to courts and one to Bryan Carter.

 

 

Now...........

 

 

What letter do I also send to Bryan Carter to get all the data, letters, details, contracts etc they have so that we have a paper trail to show in court.

[Realist]

I'm also sending Bryan Carter a CCA request along with £1.00 P/order don't know if they will comply but i'll soon see.

[Realist]

Court papers sent.

CCA Sent.

 

 

What now?

[Realist]

Received the same paperwork from Carters saying they agree with mediation but that's it, we have not received any other info?

 

 

So what now?

 

 

Also I sent them a CCA request with a postal order, how long do they have to reply and how would this CCA help my wifes case?

[Realist]

Anyone?

[citizenB]

Realist, Who did you send the CCA request to? It should have gone to the claimant. In theory, they have 12 working days + 2 to provide this to you. In practice, they will take their own sweet time and you may or may not receive a copy any time soon.

 

Did you send a CPR 31.14 request in order to obtain copies of any document mentioned on the claim form ?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

Did you send a CPR Part 18 request for information on other issues that were not mentioned in the claim form ? The attachment below is an EXAMPLE only - please do not simply copy and paste it. Both the CPR Requests should be sent to the solicitor. You should send by Recorded Delivery at the very least.

 

[ATTACH=CONFIG]50442[/ATTACH]

[Realist]

I just sent the CCA request to Carters with a PO for £1 at the same time I sent the mediation letter but Carters have sent their mediation letter to us which was the very same as ours and that's all we have received so far, nowt from the courts or anyone?

[Realist]

This is what I sent to Carters

 

 

Dear Sir or Madam,

 

Re:− Account/Reference Number ****************

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request; the provisions of s.77 (6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5 (2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee.

Note: That these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

I look forward to hearing from you.

 

Yours faithfully,

[citizenB]

That CCA request should have been sent to the Claimant. Although BC should have sent it to his client (the claimant).

 

Did you send it by a tracked method ? If the answer to the first question is yes, then do check on the RM track n trace website to see if it has been received and signed for - print off the signature if it is available or the delivery notice if only that is available - keep it with your copy of the CCA request and the RD slip.

 

I would suggest you send out a the CPR requests that I provided links/draft for above.

 

The CPR31.14 - you can only request

 

1: The agreement

2: The Notice of Assignment

3: Statement of account showing how the amount being claimed has accrued - to identify default/penalty charges.

 

The CPR part 18

 

I think both of those requests for information eg the Default Notice and the last payment made are relevant to you, there isnt any thing else you need is there ?

 

You can pop both requests in teh same envelope and there is no fee.

[Realist]

It was sent tracked, will check online and see for signature.

[Realist]

Yes they received it as follows@

Printed name: CARTER

Signature Time: 10/04/14 07:34:00 BST

[Realist]

Not received any more from Carter or the courts as to date, is there a time scale or is there something I should of done?

[Realist]

Anyone.

[Realist]

All it says on MCOL is:

 

 

A claim was issued against you on 27/02/2014

 

 

Your defence was submitted on 01/03/2014 at 10:20:51

 

 

Your defence was received on 03/03/2014

 

 

And that's it?