Arrow/Reston

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I wouldn't even think about the original loan, that's about what, 16 years old? 17? Statute barred without any problems.

Ignore their 'deadline', only official court papers with a deadline need to be adhered to. The deadline is theirs, not yours.

With the CCA copy they sent in letter 2, what's the date show as on the section you signed? Do you happen to remember when the last payment was made to this debt before this highly convenient phantom pound was recorded in 2008?

2hapennys

With the CCA copy they sent in letter 2, what's the date show as on the section you signed? Do you happen to remember when the last payment was made to this debt before this highly convenient phantom pound was recorded in 2008?[/QUOTE]


It shows nov 1996. I think the last payment was 2006/2007. The DCA was then Blair Oliver and Scott.

Thank you

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2hapennys wrote: »

With the CCA copy they sent in letter 2, what's the date show as on the section you signed? Do you happen to remember when the last payment was made to this debt before this highly convenient phantom pound was recorded in 2008?

It shows nov 1996. I think the last payment was 2006/2007. The DCA was then Blair Oliver and Scott.

Thank you[/QUOTE]

And that's not taking into account this phantom pound they've claimed you paid?

I'd say sit tight and keep stalling them by going around the mulberry bush with a prove-it for the pound payment. If it was definitely 'paid' in 2008, it'll no doubt be as good as statute barred within a few months anyway.

Remember they'll probably threaten 'door-step visits' etc, of which they have about as much power to enter your property without any consent as I would do if I turned up. It's unlikely they'll even bother, DCA's are daft and sneaky, but even they must know that with the most recent payment being pretty much 6 years - if that can even be proved - there's probably no worth in the cost associated with sending someone to your door.

2hapennys

Good Afternoon MSE's

Restons have reared there ugly heads again, its been over 2 months since I heard from them. I sent the prove it letter asking them to show me the £1.00 payment and not heard anything until today. They are asking me to prove that the limitation period has expired, and want me to provide supporting documentation when the limitation period began. If I dont there instructions are to issue legal procedings.

Surely it is up to them to provide proof not me. Can anyone point me in the right direction on what to reply please.

Thanks x

fermi

If I was you I would ask on: http://www.legalbeagles.info/forums/forum.php

2hapennys

Hello all

I have received from Restons a court claim in the post, I have filed on line the acknowledgement of service, stating that I wish to defend the claim in full. I have been reading through the correspondence and I have 28 days to file a defence from the date of service is that correct?
According to Restons they claim a payment of £1 was made early September 2008, so even if they did receive any money(which I find highly unlikely) it would definitely be statute bared before it got to court or before I had to submit a defence.

I am struggling with what to but as a defence I was wondering if anyone would be kind enough to assist me with it please. Or perhaps point me in the right direction.

Does anyone think I stand a good chance of being successful?
I do not intend to have a CCJ registered against me. If I did loose in court would I still be allowed to settle before that would happen?

So for so many questions, just very very nervous.

Thanks all
2HPs xx

sourcrates

2hapennys wrote: »

Hello all

I have received from Restons a court claim in the post, I have filed on line the acknowledgement of service, stating that I wish to defend the claim in full. I have been reading through the correspondence and I have 28 days to file a defence from the date of service is that correct?
According to Restons they claim a payment of £1 was made early September 2008, so even if they did receive any money(which I find highly unlikely) it would definitely be statute bared before it got to court or before I had to submit a defence.

I am struggling with what to but as a defence I was wondering if anyone would be kind enough to assist me with it please. Or perhaps point me in the right direction.

Does anyone think I stand a good chance of being successful?
I do not intend to have a CCJ registered against me. If I did loose in court would I still be allowed to settle before that would happen?

So for so many questions, just very very nervous.

Thanks all
2HPs xx

Hi,
You need to be sure on what grounds you will defend the claim, I would assume the SB route would be the way to go, by the time a date is set it should be SB so I would defend on that basis, do you know the exact date it will be SB ?.
Should this be proved a bad idea, and you lose, I believe you have a further 28 days in which to settle the debt after judgement, and if its cleared in full a CCJ is not registered.

2hapennys

Thanks for your reply the date is the 12/9.

I was going to use the SB route as a defence, Restons claim that I should prove to them it isn't statute bared.

rizla_king

Restons are often referred to as rectums, as that is what they talk out of.

Peeps here http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues and http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim can help

you need to use civil produce rules to force rectums to show what proof they will rely on in court.

2hapennys

you need to use civil produce rules to force rectums to show what proof they will rely on in court.[/QUOTE]


Sorry for being thick but what does Civil Produce rules mean?

thanks

x