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PlumeDove

Arrow/Restons M+S card statute barred

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Hello, Can anyone help answer a few questions I have regarding a court claim?

 

Name of the Claimant ? Arrow Global / Restons

Date of issue 08th September 2016

Particulars of Claim:

 

1.The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant (s) and Marks and Spencer Financial Services PLC dated on or about Oct 05 2004 and assigned to the Claimant on Dec 19 2013.

 

2.PARTICULARS a/c xxxxxxxxxxxxxx

DATE ITEM VALUE

07/06/2016 DEFAULT BALANCE 564

Post Refin Cr NIL

TOTAL 564

I acknowledged the claim on MCOL 14th September with the intention to defend in full as I believe the debt is statute barred.

I have not submitted my defence yet.

 

Actions so far

Court claim dated 08th Sept (recieved 12th Sept)

Acknowleged claim 14th Sept

CPR.31.14 to Restons on 15th Sept

CCA to Arrow 16th Sept

 

I believe the debt is statute barred ( last payment/contact over 10 years ago)

so should I go ahead and submit my defence now on the grounds the debt is statute barred,

or should I wait for paperwork re the CCA and CPR requests?

 

Thank you for any help! :)

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If you're certain no payment or acknowledgement of the debt in writing has been made in 10 yrs and its not showing on any credit files (check at www. Clearscore.com) then yes you can file SB defence now and kill it dead.


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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

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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 £[insert figure from their POC] or any other sum, or relief of any kind is denied.

 

 

..ends..


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thank you both so much for your fast response! I will submit SB defence

 

I actually sent the claimant the statute barred letter template letter in response to their 'letter before action' but they rejected it, they said it was unacceptable as I had printed my name and not signed it. That letter was quickly followed by the court claim.

 

Thank you again, will keep you updated :)

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silly beggars

 

 

you don't have to sign it at all.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Good stuff, let us know what you get back from the court next to keep the thread updated


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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If it is 100% irrefutably SB then keep that letter safe and should they choose to proceed you can incorporate their reply into your witness statement to show their utter contempt that despite being informed prior to the issue of the claim that any alleged debt claimed is SB,

 

they chose to reject that without any justifiable reason other than the bizarre explanation that the response to their LBA was digitally signed and therefore not acceptable to them.

 

If it's a slam dunk case of SB then it may help with getting costs for their unreasonable behaviour.

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Thank you everyone for your help and to update my thread. I have heard back from Restons and Arrow but they have not supplied me with any paperwork regarding the alleged debt.

 

Briefly Restons say I should have enough information when I took out the card and Arrow say they do not accept that they are the creditor as envisaged by the statute (CCA 1974). They go on to say that it is not SB because I made a payment of £2 in 2012.

 

This debt is so old I don't have any paperwork to even verify the account number they are using to pursue this debt, and I definitely did not make any payment in 2012.

 

I'm drafting a response to Arrow, but would appreciate any input on what to include in my letter? Thank you again :)

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You don't reply


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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You don't reply

 

Thank you dx100uk :)

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