Help with defence - No CCA response - likely statue barred - thanks!

[rune]

Hi,

 

I would greatly appreciate help with a defence. Below is a summary of what has transpired:

 

 

• Contacted by solicitor about an old, pre 2007 debt with Ambrose Wilson.
  
• This debt is believed to be possibly not legitimate or alternatively possibly Statue Barred. However, to be 100% sure, CCA request sent and proof of delivery of letter obtained.
  
• No response to CCA request at all, not even an acknowledgement.
  
• Further request for payment / threats of court received whilst I was out of the country.
  
• Received court papers from court, again, whilst I was out of the country.
  
• Acknowledged with intention to defend.
  

My current thinking is that the fact that the CCA request has not been complied with makes it impossible to submit a full defence, which would likely be a Statue Barred defence. Also, as I have no response to the CCA request, the alleged debt is not enforceable. Does this sound sensible?

 

Help with defence and wording would be greatly received - I need to submit by the 16th. I've done lots of reading but this is the first time I've actually defended a claim!

 

Thanks!

 

Kind regards

 

 

rune

Edited September 14, 2015 by rune
duplicate word

[mikeymack2002]

Can you please more history on this debt like, dates last payment letters from DCA's and so on as it will help

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

 

can you fill the above link out

and copy n paste the Q&A back to a msg box here

 

 

dx

[mikeymack2002]

Have you submitted your cpr 31.14 yet to the Solicitor dealing with this? Make sure you seek further advice and post up your defence so we can see what you are trying to say and present to the Court...

 

 

Check your credit file today and see if it still shows up there, check your balance and payment history if you can.

 

 

What was the date you received this claim?

[rune]

Can you please more history on this debt like, dates last payment letters from DCA's and so on as it will help

 

Hi mikeymack2002. Thanks for your swift reply!

 

I don't know when the last payment was for sure, hence the reason for needing to CCA and request history, but I am 99% sure it was over six years ago.

 

Two Letters were received after sending the CCA that appear to follow the standard "pathway"

of trying to get payment, threatening action, etc, with no acknowledgement of the CCA whatsoever.

 

 

The first one was a request to contact and make an arrangement,

 

 

the second was the threat of court action if a response was not received.

 

CCA was sent 13/04/2015. Signed for 15/04/2015.

 

Thanks

 

rune

[rune]

Claim issued: 06/08/15

Claim acknowledged: 19/08/15

acknowledgement received: 20/08/15

[dx100uk]

then you should have issued a defence by 4pm on Monday the 7th sept.

ring the court now

check its not too late to sneak one in

[rune]

Have you submitted your cpr 31.14 yet to the Solicitor dealing with this? Make sure you seek further advice and post up your defence so we can see what you are trying to say and present to the Court...

 

 

Check your credit file today and see if it still shows up there, check your balance and payment history if you can.

 

 

What was the date you received this claim?

 

I have not submitted anything to the solicitor yet.

 

I am checking credit file again now, but I am sure it's not listed when I checked it last.

[rune]

I thought I had 28 days from the acknowledgement - have I made a mistake? I was under the impression I needed to submit by the 16th of this month.

[dx100uk]

nope 33 days from date of claimform top right.

whereby day one is that date.

 

 

dx

[rune]

then you should have issued a defence by 4pm on Monday the 7th sept.

ring the court now

check its not too late to sneak one in

 

The court have confirmed that I can email in a defence today.

[dx100uk]

great

 

 

now go nail that last date of payment down.

 

 

look at noddle

or go ring the ORIGINAL CREDITOR and ask.

 

 

it would be 200% better if you could file the SB defence

 

 

rather than a holding one.

 

 

as that would kill the claim dead usually.

 

 

dx

[dx100uk]

Ambrose Wilson are JD Williams group.

 

 

dx

[rune]

Date of issue: 06/08/15

 

Timeline: 06/08/15 + 19 = 25/08/15 + 14 = 9/9/2015 nope 33 days is 7th sept

Particulars of claim:

1.The claimant claims the sum of 15xx.xx being monies due from the defendant to the claimant

under a regulated agreement between the defendant and AMBROSE WILSON (xxxxxxxx)

and assigned to the claimant on 13/01/2012, notice of which has been provided to the defendant.

 

2.The defendant has failed to make payment in accordance with the terms of the agreement

and a default notice of which has been served pursuant to the Consumer Credit Act 1974.

 

3.claimant claims the sum of £15xxx.xx and costs

The claimant has complied, as far as necessary with the pre-action conduct practice direction.

 

Value of claim: £15xx.xx

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Catalogue debt

When did you enter into the original agreement before or after 2007?

Credit file shows 5/2007, but I was under the impression that was earlier? Not entirely sure which is correct.

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned to purchaser.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure on this point.

 

Did you receive a Default Notice from the original creditor? Cannot remember.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I think so.

 

Why did you cease payments? Financial difficulty, illness, loss of job, going on benefits.

What was the date of your last payment? Note entirely sure, however pretty sure it was more than six years before date of claim.

 

Was there a dispute with the original creditor that remains unresolved? No.

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? No.

[rune]

Default date was apparently 12/2009 - as per Noddle.

 

I am currently trying to get information from Ambrose Wilson.

[dx100uk]

good keep digging

typically a default is issued anything upto 6mts after your last payment

[rune]

Last payment confirmed as April 2009 - over six years before the date of the claim

[dx100uk]

great news

now go file this on MCOL

 

The following defence is all you need if it is SB

 

1. The Claimant's claim was issued on (insert date).

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.

 

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

 

 

 

just fill in the 2 bits you need

 

 

if MCOL wont let you do it.

 

 

email it

 

 

MCOL is only one way of responding to a claim.

If you are having problems logging in,

or would prefer not to use MCOL,

you can fax, email or post your response to the Court instead.

 

 

If you send your response by e mail please send it to [email protected]

 

 

and ensure you quote “Claim response” in the subject field.

[rune]

great news

now go file this on MCOL

 

Done!

 

Very many thanks for your help!

 

What is likely to happen now? Is it usual for them to continue to pursue it in this circumstance?

 

rune

[dx100uk]

plenty of threads here to read.

[dx100uk]

whos the claimant please and the sols?

 

 

dx

[rune]

Just to update the thread - I filed the defence and nothing further has happened, so I can only assume that the other party decided not to pursue the matter.

 

Thanks again for all the help.

[dx100uk]

well the claim is stayed.

 

 

whos the claimant please and the sols?