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Statute barred?...Claim form from county court business centre

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  • Statute barred?...Claim form from county court business centre

    Hi everyone, I'm hoping someone can help me out with my county court claim form

    i had the letter Friday morning the claimant is arrow global for a debt of £435 assigned to them on may 13th 2011. I don't believe I've ever made a payment to them but is there a way I can check for sure? Before I defend using statute barred?

    Also what do I write on the form for my defence?

    I hope i make some sense im rubbish with this type of thing.

    TIA
    Sarah xx
    Tags: None

  • #2
    Re: Statute barred?...Claim form from county court business centre

    Hi Sarah

    What is the alleged debt for? (Credit card, bank account, mobile 'phone etc.).

    & have you acknowledged the court claim form yet?
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Statute barred?...Claim form from county court business centre

      Thought I should add the particulars of claim, here's what it says.

      the claimant claims payment of the overdue balance from the defendant under a contract between the defendant and shop direct
      dated on or about July 28th 2003 and assigned to the claimant on may 13 2011

      particulars acc number ...
      date - 15/05/2017
      item - default balance
      value 435.52

      - - - Updated - - -

      hi it's shop direct so catalogue debt
      thanks for your reply x

      - - - Updated - - -

      Originally posted by charitynjw View Post
      Hi Sarah

      What is the alleged debt for? (Credit card, bank account, mobile 'phone etc.).

      & have you acknowledged the court claim form yet?

      hi it's shop direct so catalogue I believe....thank you for your reply x

      Comment


      • #4
        Re: Statute barred?...Claim form from county court business centre

        & have you acknowledged the court claim form yet?


        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: Statute barred?...Claim form from county court business centre

          Yes I've acknowledged the claim form x

          Comment


          • #6
            Re: Statute barred?...Claim form from county court business centre

            Despite believing this is statute barred ( and sounds like it is if you never paid Arrow and they've owned it since May 2011 ) I'd still send off a CCA request as well - Shop Direct didn't exist in 2003 so presumably this was Littlewoods or some such orginally ?
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Re: Statute barred?...Claim form from county court business centre

              Originally posted by Amethyst View Post
              Despite believing this is statute barred ( and sounds like it is if you never paid Arrow and they've owned it since May 2011 ) I'd still send off a CCA request as well - Shop Direct didn't exist in 2003 so presumably this was Littlewoods or some such orginally ?

              Yes i I believe it was littlewoods.... what is CCA please? Thank you x

              Comment


              • #8
                Re: Statute barred?...Claim form from county court business centre

                || CCA Request Letter

                It's a formal request asking them to provide a copy of the original agreement and terms ( which if it was littlewoods are very unlikely to exist ) - if they can't comply then they cannot obtain a judgment against you. so it's quite useful to send as backup just in case your statute barred defence falls away xxx
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • #9
                  Re: Statute barred?...Claim form from county court business centre

                  http://legalbeagles.info/library/gui...y-court-claim/

                  It would be wise to also send a SAR to Shop D.
                  http://legalbeagles.info/library/gui...ccess-request/
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #10
                    Re: Statute barred?...Claim form from county court business centre

                    Originally posted by Amethyst View Post
                    || CCA Request Letter

                    It's a formal request asking them to provide a copy of the original agreement and terms ( which if it was littlewoods are very unlikely to exist ) - if they can't comply then they cannot obtain a judgment against you. so it's quite useful to send as backup just in case your statute barred defence falls away xxx

                    you guys are worth your weight in gold! So I send the letter and do I issue a copy to the court with my defence claim? Also I'm not sure how I even need to word it, am I going to need a solicitor?

                    thank you so much xx

                    - - - Updated - - -

                    Originally posted by charitynjw View Post

                    Thank you,
                    Do they charge for sending the info? X

                    Comment


                    • #11
                      Re: Statute barred?...Claim form from county court business centre

                      £10 fee with SAR. (To Shop D)
                      £1 fee with CCA request. (To AG)
                      No fee for CPR 31.13 (To AG's solicitors)

                      Keep copies.
                      Get proof of posting
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #12
                        Re: Statute barred?...Claim form from county court business centre

                        Have a read through the first steps bitty here - should shine a light a little xxx

                        Check your dates || First Steps || Acknowledge a Claim || Example Defence || CCA Request Letter || CPR 31.14 Request Letter |||| Subject Access Request Letter
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #13
                          Re: Statute barred?...Claim form from county court business centre

                          Originally posted by Amethyst View Post
                          Have a read through the first steps bitty here - should shine a light a little xxx

                          Check your dates || First Steps || Acknowledge a Claim || Example Defence || CCA Request Letter || CPR 31.14 Request Letter |||| Subject Access Request Letter

                          I hadnt thank you..very helpful �� Xxx

                          - - - Updated - - -

                          Originally posted by charitynjw View Post
                          £10 fee with SAR. (To Shop D)
                          £1 fee with CCA request. (To AG)
                          No fee for CPR 31.13 (To AG's solicitors)

                          Keep copies.
                          Get proof of posting
                          thank you, and yes I'll get proof of posting... very wise xx

                          Comment


                          • #14
                            Re: Statute barred?...Claim form from county court business centre

                            Hi
                            Can you just confirm the date on the claim form please

                            I see you have acknowledged the claim online so you now have 33 days from the date on the claim form to get a defence in.

                            I know you believe it is SB but I would add whatever you can to the defence so depending on what comes back from your CCA request it may include
                            Non compliance with CCA request
                            Proof a compliant S87(1) Defaulkt notice was issued
                            Prrof that a NOA was received
                            Proof of any assignment between Littlewoods to SD to AG
                            Andof course SB

                            Comment


                            • #15
                              Re: Statute barred?...Claim form from county court business centre

                              Originally posted by warwick65 View Post
                              Hi
                              Can you just confirm the date on the claim form please

                              I see you have acknowledged the claim online so you now have 33 days from the date on the claim form to get a defence in.

                              I know you believe it is SB but I would add whatever you can to the defence so depending on what comes back from your CCA request it may include
                              Non compliance with CCA request
                              Proof a compliant S87(1) Defaulkt notice was issued
                              Prrof that a NOA was received
                              Proof of any assignment between Littlewoods to SD to AG
                              Andof course SB
                              hi it's dated 13th September, I'm going to send for the info needed and then I'll come back for more advice as you all have been great xxx

                              Comment

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