Cabot/Restons Claimform - 1st Vanquis Card debt - Stayed now resurfaces ***Claim Discontinued***

[bigtrouble2017]

but the N1 shows 'Court fee' of £185.00 and 'Legal representative's costs' of £80.00 which total £265.00. Are you saying this still has to be accounted for in the their statement?

[AndyOrch]

Okay so that makes the figures correct....its correct to not quote the costs within their statement.

[bigtrouble2017]

but I'm disputing the figures in the 'Default notice' and the fact that it does not tally with the breakdown in the spreadsheet, "how was the figure in the 'Default notice' calculated?'.

Also disputing the credit limit in the Default Notice which has no proof of starting credit limit and ending credit limit.

 

I'm getting lost... shouldn't  the figure be 3,285.30 on the N1?
If not there is no breakdown for costs between the default notice amount of 3,285.30 and the amount of 3,393.91 before costs on the N1. This is a difference of 108.61.

That said I'm also disputing the figures in the 'Default notice' and the fact that it does not tally with the breakdown in the spreadsheet, so basically "how was the figure in the 'Default notice' calculated?' and I am still disputing the credit limit in the Default Notice which has no guide of starting credit limit or ending credit limit within the evidence provided.

Or have I just lost the plot

Thank you for all your time.

[AndyOrch]

Yes £3285.30 should be on the N1......they state in their statement....

 

The Default Notice required repayment of the arrears of £262.44 by 11 March 2015, failing which the then outstanding balance of £3,285.30 would become due.

 

They then state.....8. And the Claimant claims: (i) The sum of £3,393.91

 

The N1 states total amount claimed  £3658.91 ......should state £3285.0 plus 'Court fee' of £185.00 and 'Legal representative's costs' of £80.00 =

£3550.30 which is £108.61 over claim.

[bigtrouble2017]

I submitted a defence in an edition to my original.

Their reply is included in the attached pdf.

Any thoughts.
Your help is much appreciated.

 

Latests - Restons.pdf

[bigtrouble2017]

So, I'm back. Here again for some advice. I'm heading for a court hearing (Small Claims track - Online) 30th Oct. Welcome your advice and appreciate your help.

Kind regards,
BG2017

Small Claims Track - 2.pdf Small Claims Track.pdf

[AndyOrch]

And you have prepared your statement and disclosures as per the court directions dated 26th August. ? 

 

Andy

[bigtrouble2017]

Hi Andy, in process. I was waiting till after the 2nd to send on.

BG2017

 

Quick question is the below a true statement and in particular "the time of your last payment or acknowledgement of the debt " .
 

"Under the Limitation Act 1980 a creditor has six years to chase most unsecured unpaid debts, or twelve years for some mortgage shortfalls.

This 'limitation period' starts from the time of your last payment or acknowledgement of the debt, not the total length of time you've been making payments."

Thanks again.

[dx100uk]

On 09/05/2020 at 11:53, bigtrouble2017 said:

What was the date of your last payment? Around October 2014

 

cant be statute barred anyway as the claim date was 30th april

 

dx

 

[bigtrouble2017]

Hi DX, yes 28th October 2014. Sorry but can you elaborate on the above? Thanks.

 

[dx100uk]

the issuance of a claimform halts the sb clock..

 

dx

[bigtrouble2017]

OK, thanks.

[bigtrouble2017]

OK, another quick question. If a debt was in dispute can it be sold on?

Thanks

[AndyOrch]

Yes

[bigtrouble2017]

So the original creditor has no obligations to resolve a dispute and can sell on the debt and thus forward that dispute on as well?

 

[AndyOrch]

that would depend on the nature of the dispute...major or minor.....but in the main yes debts with disputes can be legally assigned...because the agreement is terminated at the time of assignment.

[bigtrouble2017]

OK, thanks.

[bigtrouble2017]

Hello again, when a claim 'stops the clock' does it extend the 6 year limitation if not resolved?

Thanks,
BG

[AndyOrch]

It only stops the clock if the claim proceeds to allocation then judgment for the claimant.If the claim is dismissed or left in a stayed state then the claim has no effect on the limitations.

 

Andy

[bigtrouble2017]

Thanks Andy, much appreciated.

 

[bigtrouble2017]

OK so this is an update from my previous conversations and I appreciate the continued support which has been very helpful.

So, this case proceeded to court and was heard on the 30th October this year.
I presented my defence which focused on an illegible agreement and a transactional spreadsheet that did not tally.
The Judge agreed that the agreement was illegible and asked the claimants to provide a legible copy of the agreement and also a more concise breakdown of the transactions spreadsheet which lead to their figures. They were given 18 days to supply this information and the case was adjourned.

So today I received a letter from the claimants solicitors which said that their client had taken the decision to discontinue with proceedings, but reminded me that the debt had not been written off. The case is now closed.

My last question to you again revolves around the limitation act as the date of the hearing on the 30th october was exactly 6 years to the day when the last acknowledged payment was made on this account, would this mean that the limitation has now passed as the clock would be running again?

Thanks again for all your support and help in this case.

[dx100uk]

Correct and you won!!

Well done everyone

 

dX

[bigtrouble2017]

11 minutes ago, dx100uk said:

Correct and you won!!

Well done everyone

 

dX

We won, thankyou!

[AndyOrch]

Quote

My last question to you again revolves around the limitation act as the date of the hearing on the 30th october was exactly 6 years to the day when the last acknowledged payment was made on this account, would this mean that the limitation has now passed as the clock would be running again?

That would depend on what date was on the DN +14 days...yes your last payment may of been 28th Oct 2014 but I doubt the DN was dated same date.....if say for argument it was dated 30th Jan 2015 then it wont be Statute Barred until 13th Feb 2016...so you would still have a couple of months to run.

 

But I wouldn't worry ...they wont re issue...well done.

 

Topic title amended 

 

Andy