Letter from county court

RogerTheBear

Hello 👋 

I have received a letter from Northampton CCBC. 

The letter says it’s for a debt from 2014-2018 and says they got appointed around late 2022. There isn’t much more info in the particulars than that. 

As the dates on the letter are over 74 months wouldn’t this be classed as Statue Barred? 

Also to add I’ve not had any dealings with the DCA or the utility company. The latter as I wasn’t aware of it as my ex partner dealt with all the bills whilst together. And since separating from my partner it’s not popped up on my credit file. As I have worked through and paid off things from that time. 

I have also checked my bank and checked back to 2018 to see if there is any payments made to they by my partner with my bank card and again nothing in the last 6 years. 

Any advice is helpful in responding to the CCBC as I don’t fancy a CCJ when I’ve cleared 10k worth of debts I got left with including CCJ’s as I never got to see the letters (partner hidden letters) 

cheer. 

Brie

What is the letter from NCCBC?  Can you provide a shot of it with the personal details blacked out?

fatbelly

Potentially it's statute barred.

It also sounds like the particulars of claim are vague, probably deliberately.

I recommend you acknowledge service and do a cpr request to the solicitor

These are explained here

https://legalbeagles.info/library/guides_and_letters/court/how-to-acknowledge-a-claim/

https://legalbeagles.info/library/guides_and_letters/court/cpr-31-14-request-for-inspection-of-documents/

Delete everything that relates to the consumer credit act as utility bills are not covered by this act and you can't do a cca request.

Hence a lot of the template defence won't apply but it'a good framework

https://legalbeagles.info/library/guides_and_letters/court/example-defence-for-consumer-credit-court-claims/

RogerTheBear

The letter is a claim form 

in the particulars of claim 

Brie

That does sound statute barred given it's from over 6 years back.

RogerTheBear

fatbelly said:

Potentially it's statute barred.

It also sounds like the particulars of claim are vague, probably deliberately.

I recommend you acknowledge service and do a cpr request to the solicitor

These are explained here

https://legalbeagles.info/library/guides_and_letters/court/how-to-acknowledge-a-claim/

https://legalbeagles.info/library/guides_and_letters/court/cpr-31-14-request-for-inspection-of-documents/

Delete everything that relates to the consumer credit act as utility bills are not covered by this act and you can't do a cca request.

Hence a lot of the template defence won't apply but it'a good framework

https://legalbeagles.info/library/guides_and_letters/court/example-defence-for-consumer-credit-court-claims/

Would doing the CPR cause any issues?

RogerTheBear

Brie said:

That does sound statute barred given it's from over 6 years back.

The letter is dated 6/9/24 from the court. So even if there is something I have potentially missed when checking my bank from say July/August 2018 would that still apply?

fatbelly

If 6 Sept is the issue date of the court claim, then service is deemed as 11 Sept. You must acknowledge service by 25 Sept and defend by 9 Oct


You can ask for notice of assignment, proof of contract, statement of account. You won't get any of them.

Admit nothing. I doubt they have any proof of this at all. SP are incompetent.They don't even seem to know whether this is electricity or gas or both

A useful phrase for your defence: I believe that this is a fabricated sum.

The chances of a genuine sum being exactly £3000 is minuscule

Do not phone them. Everything in writing now. They will come up with some made-up nonsense and a judge will eventually decide

Edit: your second redaction must be the words Scottish Power, anything else would not be logical.

RogerTheBear

fatbelly said:

If 6 Sept is the issue date of the court claim, then service is deemed as 11 Sept. You must acknowledge service by 25 Sept and defend by 9 Oct


You can ask for notice of assignment, proof of contract, statement of account. You won't get any of them.

Admit nothing. I doubt they have any proof of this at all. SP are incompetent.They don't even seem to know whether this is electricity or gas or both

A useful phrase for your defence: I believe that this is a fabricated sum.

The chances of a genuine sum being exactly £3000 is minuscule

Do not phone them. Everything in writing now. They will come up with some made-up nonsense and a judge will eventually decide

Edit: your second redaction must be the words Scottish Power, anything else would not be logical.

Yes that’s correct it is SP. 

Another thing I have found when searching my bank statements is that 2017/2018 there had been payments to a different energy supply

RogerTheBear

fatbelly said:

Potentially it's statute barred.

It also sounds like the particulars of claim are vague, probably deliberately.

I recommend you acknowledge service and do a cpr request to the solicitor

These are explained here

https://legalbeagles.info/library/guides_and_letters/court/how-to-acknowledge-a-claim/

https://legalbeagles.info/library/guides_and_letters/court/cpr-31-14-request-for-inspection-of-documents/

Delete everything that relates to the consumer credit act as utility bills are not covered by this act and you can't do a cca request.

Hence a lot of the template defence won't apply but it'a good framework

https://legalbeagles.info/library/guides_and_letters/court/example-defence-for-consumer-credit-court-claims/

Within the guidance for the CPR it says I can only ask for particular items listed with in the particulars of the claim. So am I able to request contract etc?

fatbelly

Request everything anyway