Arrow/Restons claimform - old HSBC Credit Card - statute barred

[EmSE1]

Hi, me again!

 

I have received a letter from Restons in response to my defence,

 

it reads like this:

We note you have recently filed a Defence to the court proceedings issued against you.

You have admitted within your Defence that the Default notice was issued on or around 09 June 2017.

 

However, you further assert that as it was issued 7 momths after the breach the Claim is still statute barred.

 

You state that the last payment was made on or before 26 November 2010.

 

Non-compliance of the Default Notice is a cause of action, and regardless of whether this was served 7 months after you made your last payment, the limitation period would have commenced the day after the deadline given in the Default Notice to clear the default expired.

Therefore your assertion that it was too late is incorrect.

 

In view of the information set out in this letter,

we do not believe your Defence has any real prospect if success and we will therefore recommend to our Client that an application be made to strike out the Defence and to enter Judgement against you for the full amount claimed, together with legal fees and costs.

 

Should you wish to avoid these further costs being incurred then we invite you to withdraw your Defence by completing the enclosed Form N9A and returning it to this office within 14 days.

 

So are they just trying to bully me by clutching at straws hoping I will fold??

 

What are they trying to say where they say.....

'non-compliance of the default notice is a cause of action'?

 

Also I never actually received a Default Notice letter

(which they seem to be implying that I must have),

 

I only know the date of the default because it is on my credit file and also Restons confirmed this with me.

 

I received the letter from the court acknowledging receipt of my defence and that Restons had 28 days to respond to my defence.

 

What do I do now,

do I ignore the letter from Restons and wait to see if the Court contacts me within the 28 days?

 

Thanks in advance as always!

[dx100uk]

usual restons willy waving

 

 

they know they are not correct.

but that's restons for you.

 

 

IMHO you do nowt.

 

 

the claim is stayed. ? what date did you file your defence?

[AndyOrch]

" Non-compliance of the Default Notice is a cause of action, and regardless of whether this was served 7 months after you made your last payment, the limitation period would have commenced the day after the deadline given in the Default Notice to clear the default expired.

Therefore your assertion that it was too late is incorrect."

 

The cause of action is the breach of the agreement...irrelevant if they issue a default notice or not as most do not and still litigate......the issuance of the default notice should be prompt and in line with the ICO guidelines.

 

The limitation does not start from the the deadline given in the default notice.

 

A creditor can not decide from when the limitation period starts.

 

Andy

[EmSE1]

Great, thanks so much to you both! So I do nothing? I filed my defence on the 13th June and the letter from the court acknowledging receipt of the defence was dated the 13th June Seriously, how do these people sleep at night!?

[dx100uk]

quite well really

its by far the most profitable banking industry there is

they make £100M out of people that blindly pay them and all DCA's everyday.

 

 

if everyone stopped paying DCA's

the whole industry would collapse tomorrow.

 

 

but while people that blindly start paying them on debts they might not even legally owe

the DCA's will keep sending out threat-o-grams in there 100'000's everyday.