Hoist/Cohen claimform - old Barclaycard debt - believed to be statue barred

[AndyOrch]

Update. Just received their N180

 

They have asked for mediation by phone!!

What does this entail?

 

And what do I say to them?

Does this mean they haven't paid any fees yet?

 

The court wouldn't/couldn't tell me when I rang last week.

 

The N180 and letter from them was dated 2nd May

, this was the deadline date for submitting the N180.

 

Who sent the N180...the court or claimant...is it the claimants N180 or a blank one?

 

Andy

[Villaman]

Who sent the N180...the court or claimant...is it the claimants N180 or a blank one?

 

Andy

 

The claimant sent a copy of their N180 and it has been filled in.

 

Mediation is always by phone

Didn't you read your 180??

 

You said NO

Won't happen

 

Sorry DX i completly missed that you said "typically NO" to mediation.

 

Yea I did read it just wondering what happens when they ring.

 

I selected yes to mediation as I thought it would go against me if I said no and don't want any more costs added if things don't go my way.

 

I didn't think they would have selected mediation TBH.

[dx100uk]

i doubt they'll ring if you said NO on your N180 a few weeks ago

the debt is SB'd

nothing to mediate over

[martin2006]

Well if you did tick yes to mediation then you will first be contacted by mediation to make an appt. At this time you can say that you are 100% certain that the debt is SB and a defence of SB has been filed so there is therefore nothing to mediate.

At that point the case will be referred back to court for a trial date.

 

Dont panic about it being a trial, its not going anywhere with only 2 very spurious £0 payments to counter a SB defence.

 

My guess is it will soon be discontinued once referred for trial.

[Villaman]

Thanks for the reply Martin,

 

If/when I get the call i just state what was in the original county court defence and have nothing further to add and that If they wish to continue I will gladly see them in court.

 

If a court hearing is required I should just take printouts of my credit report listing when the last payment was made?

 

Could I ask Barclays for statements covering the last 7 years if needed?

 

I havent used my Barclays account for the last 7 years.

 

Thanks for the help

[dx100uk]

you simply state to mediation that you refuse mediation as the debt is statute barred and the claimant has produced nothing to counter your defence.

 

should it ever get to the disclosure stage its not for you to produce anything to backup your claim of SB.

its the claimants job too.

 

dx

[Villaman]

Thanks for the advice DX, feeling a bit more confident now.

 

If it does come to a hearing though think I'll take some documents just to prove beyond doubt that its been over 6 years approaching 7 now since I made any payment or had any kind of contact regarding this debt.

 

Thanks for the help

[dx100uk]

no you'd have to disclose them at disclosure stage should you wish to rely upon them at any court hearing.

but its NOT for you to do that...

 

a statute barred defence puts the CLAIMANT to strict proof its NOT statute barred

there is NO requirement for YOU to prove it IS..

 

unless they try and disclose documents that they must likewise sent you FIRST in their WS as exhibits

 

 

 

 

 

 

dx

[dx100uk]

opps you said yes to mediation..even after being told to state no....

never mind

they've produced nothing

you tell mediation that...

next time..follow the tried and tested advice...eh?

 

 

dx

[Villaman]

Update with my progress on this case.

 

I had the call from Mediation, told them it was statute barred nothing to mediate.

 

Received letter saying case has been transferred to my local court.

 

Heard nothing for weeks, then received another letter asking for me to resubmit my defence as they have "lost" it from my file!!

 

Do I just write down the original defence I was given or do I need to word it differently as I have to put it in writing and send it to the court?

 

Thanks

[AndyOrch]

Send it as is by email with the claim number and the request reference.

 

If your sending a hard copy you will have to add the headers...Claimant v Defendant /Claim Number/Date submitted...and finish it with a Statement of Truth and signed and dated.

 

Andy

[Villaman]

Thanks for the reply Andy, How do I word a statement of truth? This is the letter I am intending to send to court, Is it OK?

 

Name XXXXXXX

Adress XXXXXX

RE: Host Portfolio Holding 2 Ltd v Mr xxx xxx Case Number xxxxxxx

 

Dear Sir/Madam,

 

As Requested here is a copy of the defence submitted previously which was lost.

 

 

1 The Claimant's claim was issued on 13/02/17

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 £2617.45 or any other sum, or relief of any kind is denied.

 

Yours sincely

 

Name

[AndyOrch]

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed:

 

Dated:

[Villaman]

Thanks Andy, Letter sent. I'll keep the thread updated on my progress.

[AndyOrch]

[Villaman]

Just to update. I have heard absolutely nothing since sending in the letter requested. Hopefully it'll stay that way.

 

Thanks to everybody for the advice.

[AndyOrch]

I would contact your court and check the status...because you filed Direction Questionnaires (N180) it should have progressed to allocation...so the claim cant be stayed.....it could be discontinued ...hence the reason to check the status.

 

 

Andy