Lowell claimform - Old Creation Loan - Prob SB'd***Claim Discontinued***

[paullaroy]

Your missing the point paullaroy, the default date is irrelevant, the last payment date is very relevant or last written acknowledgement

 

I understand that, i am fully confident that the debt is statue barred i just understand how sneaky debt collection companies can be and the fact that i have already sent a SB letter to the DCA and in acknowledging it they have still gone for the CCJ.....

 

Thats why i asked above if just going in purely with the paragraphs above posted by dx100uk as a defence with nothing requested from creation or the DCA would be sufficient when they can present my credit file that states that the default was registered less than 6 years ago.

 

I know you chaps are experts at this thing but obviously seeing as this is my first time at this and calling the bluff of these idiots for well over 6 years id be gutted to be caught out by a technicality.

[paullaroy]

Unless its due to close...plenty going next year.

 

Just checked and mine isnt one of the ones going

[martin2006]

It just goes to show that a dca has no clue what they are actually doing, they just spout out claimforms like confetti.

If you google the Limitations Act 1980, i think what you will find in legislation that s5, is the relevance here, not how sneaky a dca may be.

 

At the risk of opening another huge debate on the subject, which has been done many times in the past, it is the view here that the "cause" of action is the last missed payment or written acknowledgement, not the date of the default.

 

Creditors cant simply delay issuing a default just to delay the beginning of the SB clock. Except to say that creation (barclays) try to do jyst that.

[paullaroy]

It just goes to show that a dca has no clue what they are actually doing, they just spout out claimforms like confetti.

If you google the Limitations Act 1980, i think what you will find in legislation that s5, is the relevance here, not how sneaky a dca may be.

 

At the risk of opening another huge debate on the subject, which has been done many times in the past, it is the view here that the "cause" of action is the last missed payment or written acknowledgement, not the date of the default.

 

Creditors cant simply delay issuing a default just to delay the beginning of the SB clock. Except to say that creation (barclays) try to do jyst that.

 

Thanks, out of interest how long would it actually take for a default to appear on your credit file? is it an instant thing or is there a delay as the paper work is completed?

[dx100uk]

The account was taken out on July 2007 and later defaulted on 28 December 2010 due to non payment.

The above balance still remains outstanding as this is not statue barred so please contact us to arrange payment.

 

 

as you indicate they might be of the illusion they can spoof a judge

 

 

adjust the SB defence to the following:

 

 

alternative whereby claimant intimates SB date=defaulted date and that has been registered months after the last payment

.

1 The Claimant's claim was issued on dd/mm/yyyy.

2.The date last payment made was the dd/mm/yyyy

3.The Default Noticed was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.

4.Therefore 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 acticon 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 true cause of action for breach accrued for the benefit of the Claimant.

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

 

 

 

 

...........

 

 

don't use the form....

 

 

enter the defence on the MCOL website directly now:

 

 

details are on the claimform...

[paullaroy]

Excellent thanks again and thanks to everyone you have all been most helpful.

[martin2006]

Thanks, out of interest how long would it actually take for a default to appear on your credit file? is it an instant thing or is there a delay as the paper work is completed?

 

It will appear on your credit file pretty much instantly. Its the stroke of a keyboard.

In reality tho, when you are checking your credit files, they are usually around 4-6 weeks behind real time but more importantly, a default will be registered from the date the default was served.

[AndyOrch]

Just checked and mine isnt one of the ones going

 

[paullaroy]

Just an update i have now received a n180 form from the court and also a copy of this from the DCA... Any advice on what i should do with this please?

 

Thanks in advance

[Guest]

also a copy of this from the DCA

copy of, cant see it?

[dx100uk]

yes to mediation the rest is obvious

[Guest]

copy of, cant see it?

ah ok, a copy of the n180. thought you were posting up a copy of something

[paullaroy]

yes to mediation the rest is obvious

 

Thanks

 

So i should agree to mdiation even if the claim is SB?

[shamrocker]

If you're sure it's SB then the usual advice is not to mediate. There's no point.

[unclebulgaria67]

If you're sure it's SB then the usual advice is not to mediate. There's no point.

 

I thought the point of mediation is to be able to probe the claim and the mediation process might just confirm the debt is SB'd. Therefore the claim is dead.

 

Agreeing to mediation is not accepting there is any merit with the claim.

[dx100uk]

agree theres nowt to mediate over

and if the claimant wanted to contest SB

they'd have sent proof its not by now.

 

IMHO agreeing to mediate strengthens your case

 

when the mediation service ring

you simply state the obvious

its statute barred

and the claimant has sent nothing to prove otherwise

of which the onus is on them to do

 

mediation will fail,

 

another tick the judge will see against them

[paullaroy]

Thanks again for your replies

[paullaroy]

Next update

 

I now have a court date at my local court to defend the case..

. they have said that if i need to send any evidence then send it within 14 days of the case being heard which is the middle of March.

 

 

... only thing is i dont have any evidence to present other than i know its statue barred.

 

 

The claimant claims that a default was registered on my file 6 years ago December

but i cant even check that now to see if thats true.

 

Also when i turn up to court i wont have anything to say other than i know its statue barred.

 

Any advice is appreciated.

[AndyOrch]

You still have to submit a witness statement as per the directions...as for disclosures if you didnt make a CPR or CCA request then you have nothing to disclose.

[paullaroy]

Is it to late to make a CPR or a CCA request?

 

Any further advice?

[Guest]

The claimant claims that a default was registered on my file 6 years ago December

but i cant even check that now to see if thats true.

do you know when the default notice was.

have you checked your credit files, there may be a non updated record somewhere re the default.

as i mentioned prior, seems they'll prob try argue it from the def notice expiry or default date whichever is in time.

[dx100uk]

Is it to late to make a CPR or a CCA request?

 

Any further advice?

 

 

no harm at all

but

it sort of weakens you initial defence of SB

doesn't matter what paperwork they hold

its still statute barred

[paullaroy]

do you know when the default notice was.

have you checked your credit files, there may be a non updated record somewhere re the default.

as i mentioned prior, seems they'll prob try argue it from the def notice expiry or default date whichever is in time.

 

The only info i have that a default was registered is because that is what they have said in response to my "its statue barred" letter to them.

 

Ive only done the free checks and its over 6 years ago now that the default they claimed was registered on file... my credit file does not show this.

 

Im starting to get a bit worried now im gonna lose this of i go into court with no proof other than my word.

[paullaroy]

no harm at all

but

it sort of weakens you initial defence of SB

doesn't matter what paperwork they hold

its still statute barred

 

Sorry for the daft question but why does it weaken my initial defence?

[Guest]

The only info i have that a default was registered is because that is what they have said in response to my "its statue barred" letter to them.

 

Ive only done the free checks and its over 6 years ago now that the default they claimed was registered on file... my credit file does not show this.

 

Im starting to get a bit worried now im gonna lose this of i go into court with no proof other than my word.

it seems from what you have posted re what they said, they are either going to argue it from the def notice date (bmw v hart case for eg), or the default register date if the dn is over 6 years prior to the claim and def register date isn't. either can be argued against.

 

what free credit checks did you do, noddle, clearscore, experian?