Statute Barred Debt Lowell (Part II)

GothicStirling

GSDlover wrote: »

You seem to have totally ignored Sourcrates and Di’s excellent advice? I’m just wondering why ....

Edited to add - you posted almost at the same time as me, seems you’ve been away. Shame you didn’t read those posts on holiday so you could act on the advice given.

Who said I was on holiday? I was working. No need to be judgmental just because I'm not one of those people superglued to the internet.

fatbelly

GothicStirling wrote: »

I've just seen Just Di's post (been away), so I suppose its too late to request anymore information?

There's no judgement yet so you can still do both things Di suggests.

Just_Di

GothicStirling wrote: »

have now received a Court date of 27th Nov, and need to send a Witness Statement.

Does the Notice of Hearing include Directions about the deadline for filing and serving your Witness Statement (and the Claimant’s WS) which is typically 14 days before the Trial Date?

I suggest you send a s 77-79 CCA Request to the Claimant ASAP.

If they can’t/don’t comply with your request within the statutory timeframe then the debt becomes unenforceable.

However since you have not pleaded that legal argument in your original Defence then there’s a possibility that the court may refuse to entertain it unless you make an Application to amend your Defence as per my previous post.

How much is the claim which may give some indication as to the Claimant’s determination to pursue this claim?

If the claim is below £10k then legal costs may be less of an issue, but if the claim is over £10k the Claimant may successfully seek a costs Order against you.

I don’t have any facts about your claim so my post is entirely based on guesswork

Di

Just_Di

GothicStirling wrote: »

I've just seen Just Di's post (been away), so I suppose its too late to request anymore information?

No it’s not too late but it hasn’t helped your situation since Claims are won or lost based on two things: Law (obviously) and breaches of Civil Procedure Rules.

You can have “Law” on your side but if you don’t comply with court procedure then you can lose a winnable case.

Di

sourcrates

Di, I just want to say a big thank you to you, giving up your personal time to comment on this forum.

It is much appreciated, we have been short in the legal dept for a long time, your input is really welcomed, posters should be aware they would normally have to pay for this kind of advice, here it’s offered in a non judgemental way, for free, you should all be very grateful.

GothicStirling

Just_Di wrote: »

Does the Notice of Hearing include Directions about the deadline for filing and serving your Witness Statement (and the Claimant’s WS) which is typically 14 days before the Trial Date?

I suggest you send a s 77-79 CCA Request to the Claimant ASAP.

If they can’t/don’t comply with your request within the statutory timeframe then the debt becomes unenforceable.

However since you have not pleaded that legal argument in your original Defence then there’s a possibility that the court may refuse to entertain it unless you make an Application to amend your Defence as per my previous post.

How much is the claim which may give some indication as to the Claimant’s determination to pursue this claim?

If the claim is below £10k then legal costs may be less of an issue, but if the claim is over £10k the Claimant may successfully seek a costs Order against you.

I don’t have any facts about your claim so my post is entirely based on guesswork

Di

Thanks, I'll sort out the CCA today. The claim is for just under 1k (will be more now that they will have added costs). The bloody annoying part is my sister (who I shared a flat with at the time) had a loan from them at the same time, and they've written to her saying they won't pursue it further, yet they're taking me to court!

Caretaker237

It’s not a myth.

I lost in court on a statute barred defence on December 8, 2017. I was up against a Barrister on behalf of Restons who were representing Cabot’s on an original Capital One Credit Card debt.

The judge took the view that the cause of action ran from the end of the 14 day remedy period contained in the default notice that was served under section 87 1 of the Consumer Credit Act 1974; and not from the date of the last missed payment as I had suggested.

I was in court for an hour with a break in between, so it wasn’t a slam dunk, but they still won.

I posted in detail about this on the Legal Beagle site.

It’s open season on this defence. If you are going from the last missed payment then you are up against it. But you might get lucky.

Regards

Caretaker237

Sorry my comments above were in reply to “Socrates”original comment on page one. Somehow they didn’t link.

It’s also worth pointing out that the National Debt Advisory gave me the wrong facts regarding the cause of action date.

They will tell you that it’s from the last missed payment.

They need to change their website and update their advice because it’s wrong.

Regards

Debt_suvivor

If you’re not able to meet the requirements of the default notice, the account is usually cancelled and you can no longer use the credit facility. Creditors will not always take further action listed in a default notice but they are legally entitled to if you don’t comply with the terms.

The creditor can also:

Demand the balance in full
Sell or pass the debt to a collection agency
Start court action
Start proceedings to repossess anything that forms part of the agreement (for example a car that is part of a hire purchase agreement)
The creditor can only carry out these actions after the account has defaulted. If you pay back the amount stated within 14 days, no further action is taken. If future payments are missed a default notice can be issued again.

GothicStirling

So doing a little research. Lowell's justification of cause of action (they say) can be found in chapter 7 of the FCA handbook. Can anyone point me to the clause, because I can't find anything in there about cause of action and expiry date of the loan.