Help needed regarding a ccj claim for a defaulted debt in Jan 09

Lensman_2

angel198081 wrote: »

Claim form from court arrived today.
Still no reporting from lowell on credit file.
Yes court address is Northampton

I would also post up a thread on Legal Beagles or the Financial Legal Issues forum on CAG. You will get good advice here, but it is not a dedicated legal forum.

If you are going to defend, you MUST adhere to the timescales for acknowledging and then submitting your defence. You are likely to get judgement by default if you miss the dates (i.e. you lose, no matter how good your case was).

I would get a SAR off to the original creditor now if you are going to defend. It will take 40 days but if proceedings are delayed you will have the data in time for it to be useful.

I would also get a CPR request to them for the documents they mention in the particulars of claim (agreement, default notice, notice of assignment etc). This could start a back up defence in case it is not SB. It could also get you an extra 28 days for your SAR to turn up.

fatbelly

The link to my post (a year ago!) on the BMW vs Hart case is not really relevant here. However, the CAB comment quoted does refer to the situation with an overdraft, which is well established. For an overdraft, the cause of action is neither the last time this debt was paid nor when the default was recorded - it is when the demand for payment is made, i.e. when the debt is called in.

We can't be 100% sure whether a court would rule that this one is statute barred as we don't have that date. But I'd say it's worth a punt. Good luck!

Lensman_2

fatbelly wrote: »

For an overdraft, the cause of action is neither the last time this debt was paid nor when the default was recorded - it is when the demand for payment is made, i.e. when the debt is called in.

I was thinking that you would need a SAR to get this info, but it occurs to me that you could get this via a CPR request. Not sure which CPR section though.

angel198081

Please can you tell me what
SAR CPR are please.
I have a letter dated January 08 from Lloyds tsb solicitors asking for the full amount not sure if that was the first one or not.
Thanks

angel198081

Is my first step to send the court papers back say
Dispute as believed statute barred
Plus a copy of the statute barred letter to the dca?
I'm on day 3 of 14 as of today
Thanks in advance

fatbelly

Yes, if it's Northampton Court you can do this online. And if you want to buy more time, you can acknowledge service and say that you intend to defend in full. That gives you 28 days from service date.

An SAR is a subject access request. There are details on the ICO website. A CPR request is one done under civil procedure rules. LegalBeagles often recommend this approach.

But if you have that letter from Jan 2008 demanding full payment, then the debt became SB in Jan 2014 at the latest (provided you didn't acnknoledge the debt between those 2 dates). You can put that in as your defence. Well done.

Ignore the DCA and just respond to the court claim.

Lensman_2

You look to have a cast iron case for Statute barred.

This is cheeky and you need to be feeling chipper to do it, but I would address the prosecuting solicitor with a letter headed "Without Prejudice".

Explain that the debt is statute barred without doubt and include a copy of the demand letter from Lloyds. Tell them that you have not acknowledged the debt or made payment in the intervening period.

Explain that you will be defending in full and you expect judgement to be in your favour.

Tell them that you expect them to vacate proceedings as a result.

If you use the "Without Prejudice" header they cannot bring your letter up as evidence. Essentially, if they do not agree the case will continue as it was.

But if they are responsible solicitors they will discontinue to save their own costs and court time.

Do not neglect the process for the claim if you do this. That HAS to continue as the priority. Acknowledge and defend in time.

angel198081

So here's what I have
Letter from Lloyds end of January 08.......despite being issued a formal demand you've ignored us
Letter from solicitors Feb 08 and March of the same type of content

Statements Jan Feb show lots of charges and a couple of cheque payments out/and some returned.

Missing March statement have April may July august sept no payments going in.
Obviously charges etc had spiralled out of control by Dec 07 so I'd migrated accounts.

I don't think I've ever been in touch with them over the phone just buried my head

So am I correct pop my details on acknowledgment of service now and return saying will be defending.


Do I need to apply for the SAR pack still or CRP where best to find how to do this?

What do I put on the dispute form?
As little as possible ie I'm disputing this as it's statute barred or lots of info

What's legal beagles please? Do I need to go elsewhere regarding the paperwork.

Thank you all for your comments and help

Lensman_2

It may not be as clear as I thought. When was the last time you paid in to the account?

Legal Beagles and Financial Legal Issues on Consumer Action Group are both forums busy with legal experts who will give you faster evolving advice than the experts here. You should post up on one of them.

Links:
http://legalbeagles.info/
http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Financial-Legal-Issues

Lensman_2

It may not be as clear as I thought. When was the last time you paid in to the account?

Legal Beagles and Financial Legal Issues on Consumer Action Group are both forums busy with legal experts who will give you faster evolving advice than the experts here. You should post up on one of them.

Links:
http://legalbeagles.info/
http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Financial-Legal-Issues