Odd Statute Barred argument by Claimants council...

[Ashtanga]

Hello everyone!

Basic details are:

• CCA Loan taken out with Lloyds in 2004
• Defaulted Jan 2008
• Arranged to pay reduced amount
• Stopped ALL payments in June 2008 - no other contact/payments since.
• Account closed by Lloyds Oct 2008
• DCA via Solicitors brought their claim in September 2014

Went to court recently and despite having nothing in the particulars of claim other than an amount and an account number (literally thats all that was there) the judge has decided to afford them the opportunity to go and perfect their claim - nice! Apart from being woeful in terms of the lack of particulars, there were lots of examples of non-compliance with a plethora or CPR rules too - none of which the judge seemed bothered about. Even when they actually told the judge that they weren't obliged to give particulars...??

They have also come up with a brand new claim - not mentioned in their witness statement or skeleton argument that so far as they're concerned the Cause of Action would have been the end of the loan term if there was still monies outstanding...?

I am afraid the rationale for this escapes me! The last payment I made on that account and this was via an arrangement was in June 2008 - 6 years and 3 months before their claim.

All advice welcomed!

Cheers and Merry Christmas t you all!

[PlanB]

Re: Odd Statute Barred argument by Claimants council...

Hello Ashtanga and to AAD.

I do hate it when DJs bend over backwards to help creditors. Grrrr.

Do you mean that the DJ allowed them to amend their POC, or do you mean the creditor has issued a new claim?

Who is the Claimant and who are the solicitors instructed to deal with the legal proceedings?

And finally how much is the claim? If there was a skeleton argument then this may have been in the Fast Track i.e. over £10k

Im sure we can hep you with this so when you've answered these brief questions can you start a new thread in our Legal Section here >

http://forums.all-about-debt.co.uk/s...l=1#post461134

Plan B x

[Ashtanga]

Re: Odd Statute Barred argument by Claimants council...

Hello Ashtanga and to AAD.

I do hate it when DJs bend over backwards to help creditors. Grrrr.

Do you mean that the DJ allowed them to amend their POC, or do you mean the creditor has issued a new claim? - Yes to Amend, not quite an Unless Order

Who is the Claimant and who are the solicitors instructed to deal with the legal proceedings? Claimant is Marlin - Restons acting for them

And finally how much is the claim? If there was a skeleton argument then this may have been in the Fast Track i.e. over £10k - Yes, around 20k

Im sure we can hep you with this so when you've answered these brief questions can you start a new thread in our Legal Section here >

http://forums.all-about-debt.co.uk/s...l=1#post461134

Plan B x

Thanks,

I have answered in Red above for clarity.

Edit: Started New Thread

[PlanB]

Re: Odd Statute Barred argument by Claimants council...

Thanks you for your prompt reply.

Can you email me the original Claim Form (N1) and the amended POC in one PDF using PlanB@all-about-debt.co.uk with a copy to Niddy (Forum Owner Never-in-Doubt) using webmaster@all-about-debt.co.uk.

Can you also email your Defence and both WSs and both Skeleton arguments.

I'll explain how we can help you once I've got those. I've already alerted our solicitor to the situation.

Are you facing any court deadline?

Plan B x

[PlanB]

Re: Odd Statute Barred argument by Claimants council...

Edit: Started New Thread

Which can be found here > http://forums.all-about-debt.co.uk/s...l=1#post544724

Plan B x