Hi All,
I received a court claim from Northampton CC on Friday 19th December that has been issued by DrysdenFairfax solicitors on behalf of Capquest. The claim is for circa £4.5k and relates to an overdraft on a current account held with Lloyds TSB (as they were at the time). POC are in the attachment. I stopped making payments into the current account in April 2008 (I am confident this is the case as I recall opening a Nationwide account in March of that year). The account was opened around 1996. A default was issued by Lloyds late - it was issued December 19th 2008.
I would be grateful for advice. To date, I have:
1. Issued a CPR reqest to DrysdenFairfax before the claim was initiated on December 4th - I received no response, though I did send it recorded delivery.
2. Sent a SAR today to Lloyds at their Andover DSAR address.
3. Acknowledged the claim on Moneyclaim website, intention to defend in full.
4. Spoken to National Debt line. They were unsure on whay may/may not happen but did say that the SAR will estalish when Lloyds called the debt in as they believe this may be the cause of action and the date therein will be important in determing if the claim falls outside the Limitations Act.
5. I have followed the advice on this website and drafted a follow up CPR request, not yet sent until further advice received. CPR laid out below:
Request for documents mentioned in a statement of case under CPR 31.14
On 19th December 2014 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full. To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence.
1. Agreement
2. Default Notice
3. Assignment
4. Formal Demand
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. As a Defendant, I am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court. I look forward to hearing from you.
Though the court claim was issued in the nick of time in relation to the date that Lloyds registered a default, I am hoping that amongst other things, there may be a defence that the Limitations Act may apply to the account. I am not a legal expert so I would be very grateful for the opinions of others who know more than I do. Happy to elaborate more on the backgrounds to this case if needed.
I received a court claim from Northampton CC on Friday 19th December that has been issued by DrysdenFairfax solicitors on behalf of Capquest. The claim is for circa £4.5k and relates to an overdraft on a current account held with Lloyds TSB (as they were at the time). POC are in the attachment. I stopped making payments into the current account in April 2008 (I am confident this is the case as I recall opening a Nationwide account in March of that year). The account was opened around 1996. A default was issued by Lloyds late - it was issued December 19th 2008.
I would be grateful for advice. To date, I have:
1. Issued a CPR reqest to DrysdenFairfax before the claim was initiated on December 4th - I received no response, though I did send it recorded delivery.
2. Sent a SAR today to Lloyds at their Andover DSAR address.
3. Acknowledged the claim on Moneyclaim website, intention to defend in full.
4. Spoken to National Debt line. They were unsure on whay may/may not happen but did say that the SAR will estalish when Lloyds called the debt in as they believe this may be the cause of action and the date therein will be important in determing if the claim falls outside the Limitations Act.
5. I have followed the advice on this website and drafted a follow up CPR request, not yet sent until further advice received. CPR laid out below:
Request for documents mentioned in a statement of case under CPR 31.14
On 19th December 2014 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full. To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence.
1. Agreement
2. Default Notice
3. Assignment
4. Formal Demand
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. As a Defendant, I am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court. I look forward to hearing from you.
Though the court claim was issued in the nick of time in relation to the date that Lloyds registered a default, I am hoping that amongst other things, there may be a defence that the Limitations Act may apply to the account. I am not a legal expert so I would be very grateful for the opinions of others who know more than I do. Happy to elaborate more on the backgrounds to this case if needed.
DrysdenFairfax (Lloyds Account)
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