Claim Form Carter/lowells HBOS Current Account*** Claim Discontinued***

[AndyOrch]

1 The Claimant's claim was issued on 12th December 2014.

 

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....even though the original creditor only registered the default in October 2010 this account has been dormant since 2008.

 

3 The Claimant's claim to be entitled to payment of £818.82 or any other sum, or relief of any kind is denied.

[yorkiedart]

Is that it Andy ...do I paste that onto the court reply site...

[AndyOrch]

Yes its statue barred...copy and paste into MCOL and submit.

[yorkiedart]

Done it Andy...what happens now please....

[AndyOrch]

They have 28 days to respond...if they fail to respond the claim is stayed....take time to read other threads to learn the process from here on.

[yorkiedart]

Andy just received an email from Carter stating that the account is not statute barred...any comments

[dx100uk]

yea, go prove it in court farter.

 

 

ignore them.

 

 

just rying to unsettle you.

 

 

stand you ground.

 

 

they have to PROVE it to the court

which I doubt they'll bother to do.

 

 

dx

[yorkiedart]

Thanks for that dx....much appreciated....

[Old Cogger]

Ask them to prove it i.e.@-

 

How / when paid, cheque number on what bank account, if credit card/debit card when and number.date of any such transaction and amount etc etc

[yorkiedart]

Thanks MIKE....

[AndyOrch]

Strange he should email you the day you submit your SB defence:roll:

 

You see to him its not statute barred ...defaulted Oct 2010...what he dosent realise or have any data on is that its been dormant for 6 years and defaulted 2 years late...bless him:wink:

[yorkiedart]

I Have received an acknowledgement from Northampton Court......

[maroondevo52]

Hi yorkiedart,

 

I've unapproved your last post, could you please re-post removing the reference number and case number.

 

Thanks,

 

Scott.

[yorkiedart]

here

[yorkiedart]

Is that better Scott...............

[maroondevo52]

Is that better Scott...............

 

Good stuff

 

Thank you.

[dx100uk]

std court reply

 

 

ball is now in farters court

 

 

he has 28 days

 

 

else it gets stayed.

 

 

dx

[yorkiedart]

Received another letter from Carter...............

[dx100uk]

begging letter

 

 

can I get some money out of you before I have to discontinue the claim..

 

 

hold your nerve.

 

 

dx

[yorkiedart]

Thanks dx ...

[yorkiedart]

Hello again, I have received form N180 from court, do I fill it in and send it to Northampton and a copy to Carter regards Yorkie.....

[AndyOrch]

Yes as per the instructions enclosed with the N180...tick yes to mediation the rest is self explanatory.

[yorkiedart]

All sent....

[yorkiedart]

Received a letter saying they are willing to settle the matter out of court...?

[Old Cogger]

usual template begging letter at this stage, any luck next couple will be discontinuance???