Jump to content

 

BankFodder BankFodder


kkatiew

Arrows/Drydens Claimform - old M+S card debt poss SB'd

Recommended Posts

Actually, I've put the following :

The Defendant contends that as this is a claim in contract and an excess of 6 years have passed since any cause of action may have accrued, any alleged debt is therefore statute barred pursuant to section 5 of the Limitation Act 1980.

The Claimant's claim to be entitled to payment of £921.13 or any other sum, or relief of any kind is denied.

 

Do you think I need to add anything else or just stick tset the simple fact ?

Share this post


Link to post
Share on other sites

don't change from the defacto andyorch statute barred defence

its specifically worded that way for good reasons!!

 

 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, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Great, thanks. So I've filed and will see what happens now.

 

Thanks for you advice, as always.

Share this post


Link to post
Share on other sites

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..

  • Thanks 1

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, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

I've today received my CCA letter back with return to sender - no longer at this address.

 

It seems they have moved and I sent it the old address.

 

Should I send a fresh one to the correct address ?

 

Thanks

Share this post


Link to post
Share on other sites

how could you have sent a CCA to the claimant using the wrong address

its on the claimform!


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, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

I sent it to the address on the claim form so they must have moved since or someones cocked up somewhere.

 

What shall I do ?

Share this post


Link to post
Share on other sites

that's weird

what address was it?
not that it matters anyway

any paperwork they hold under the CCA cant refute an sb defence anyway


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, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

The address is Arrow Global, 20-22 Bedford Row, London WC1R 4JS.

 

Sticker on envelope (which was opened) No longer at this address - Return to sender

Share this post


Link to post
Share on other sites

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, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

The London address is definately the one in the claim form 🤔

 

 

Share this post


Link to post
Share on other sites

Lloyd's statements have today and last payment I can see made to M&S was 15 October 2012.

Share this post


Link to post
Share on other sites

Deffo Statute barred then, use the SB defence indicated by DX.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Share this post


Link to post
Share on other sites

Done 👍

  • Like 1

Share this post


Link to post
Share on other sites

haha tough luck arrows...

 

dx

 

  • Thanks 1

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, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

So, I’ve not heard anything for 2 months.

Is this normal ?

Share this post


Link to post
Share on other sites

Look at the letter you got from the court following your defence filing


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, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Hi all,

 

The case is stayed.

 

Could the case be reopened again and does it go on my credit file ?

 

Thanks

Share this post


Link to post
Share on other sites

cant show on CRA file until/if judgement

 

they will now have to pay £255 to lift the stay via an N244 if they are that brave.

 

dx

 


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, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Well, I’m assuming it’s a stay - I’ve not actually had any further communication since 4 July which was the acknowledgement letter saying that the creditor has 28 days from the date my defence was filed.

 

Surely I should have received something since 4 July ?

Share this post


Link to post
Share on other sites

you wont as said before and in the court letter you got its automactic


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, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...