Ccj, statue barred and mediation

[cfranko83]

Hello there I would really like some advice on a old debt of mine. Right here goes, I got a car on finance in October 2006 and paid the repayments for 3 months. On January 6th 2007 my partner at the time borrowed the car and accidentally crashed it. Later on i realised her insurance didn't cover her driving the car. At that point I didn't make no payments or acknowledge any letters or phone calls from the car finance company and the debt defaulted in the march of 2007. 6 years went past and the debt had fell off my credit file. Then to my surprise in June this year I get a letter from Bryan Carter Solicitors acting on behalf of Lowell finance telling me I had 7 days to pay otherwise I would get CCJ forms. True to there word 7 days later I got the CCJ forms to which I defended against claiming Statue Barred. I then get a letter from the court asking me to agree to mediation to hear both sides of the case to which I agreed to, in between all of this I send Bryan Carter the standard S77/78 form of here recorded delivery with a £1 postal order, I have heard nothing back from this. I have now just received a phone call from the court Asking me what date and time I'm available for telephone mediation, i just got an email back confirming the 15th October at 11am. My question is is wha do I do now and what will happen during the mediation when I claim statue barred. On the information I received it says if we can not resolve this matter it will go to the courts. At what point will someone check if this is actually Statue Barred? When I phoned Bryan carter they said to me that I had contact with them in 2010, this is a lie as I have been completely off the radar. I would really appreciate any help and advice and also what I should do next. I just would like to say again though that from the day the car was crashed I made no payment or letter to anyone regarding this debt.

[Kafka]

Re: Ccj, statue barred and mediation

When did you last pay anything or formally acknowledge the debt?

What was the wording of the POC on the claim and what was your defence?

[cfranko83]

Re: Ccj, statue barred and mediation

My last payment was December 2006 my defence was statue barred I took the wording from a template of here for POC and statue barred

[FlamingParrot]

Re: Ccj, statue barred and mediation

On the information I received it says if we can not resolve this matter it will go to the courts. At what point will someone check if this is actually Statue Barred?

If you submitted that as your defence, the onus would be on the claimant to PROVE that it isn't, by producing a statement showing a payment made into the account in the last 6 years or some sort of written acknowledgment from you, such as a letter making a repayment offer.

When I phoned Bryan carter they said to me that I had contact with them in 2010, this is a lie as I have been completely off the radar. I would really appreciate any help and advice and also what I should do next. I just would like to say again though that from the day the car was crashed I made no payment or letter to anyone regarding this debt.

Merely having contact doesn't make any difference for the purpose of SBd, it's a common misconception that there has to be a clear 6 year period without any contact. As long as no payments or written acknowledgements were made, it doesn't matter if there was contact. :thumb: