Statute barred defence or No Docs defence. ..

myotai

Hi all,

I think I have two options regarding a response to a claim. I have a good SB defence but it's not watertight and would involve some explanation with the witness statement. But equally the DCA have not yet produced the CCA I requested on the 23rd of last month. I got a letter today saying the didn't have it but had requested it. The letter was dated 25th September!

I don't want to ignore the fact they have not produced the CCA but equally other advice seems to be go with SB defence.

Really confused. I have to submit a defence by Wed next week.


All advice welcome...

National_Debtline

Hi myotai

It's hard to offer advice here without a little more context first.

What makes the SB defence less than watertight, please?

Regards

Dennis
@natdebtline

myotai

The fact that two loans and an overdraft were consolidated. I was making payments off the overdraft unaware that they had been consolidated. They're likely to use this as starting the new cause of action. The last payment I ACTUALLY made on the load they're claiming was over six years ago though.

National_Debtline

myotai wrote: »

The fact that two loans and an overdraft were consolidated. I was making payments off the overdraft unaware that they had been consolidated. They're likely to use this as starting the new cause of action. The last payment I ACTUALLY made on the load they're claiming was over six years ago though.

I see, tricky.

It should be possible to argue that any payments made in the last six years which were specifically designated for a particular debt - in this case, the overdraft - should be credited to that debt and that debt alone. The method of the payments in question might be relevant - for example, if you paid online and you could show that the destination account details matched those of the original overdraft, as opposed to those of the original loan.

Equally, there is nothing to say that you cannot defend a claim on more than ground if you believe multiple defences apply. The court has scope to adjourn proceedings if time is needed for a legitimate query to be resolved.

Please note that I can't offer a legally qualified opinion on the likelihood of any defences being successful.

Dennis
@natdebtline

myotai

The payments were made via another dept of the bank in question - a debt management agency of sorts but still a part of the bank.

myotai

So what should my defence be? It has to be submitted by Wed next week?

Lensman_2

Have you posted up on Legal Beages or the Financial Legal Issues forum on CAB?

Both of which are dedicated legal forums where you should get faster evolving advice.

It may be you could combine the two defences. You may not be locked in to choosing one or the other.