Paperwork from northampton

[ourmazza]

Hi everyone,
Could i please ask for help im in the thick of my defence with b carter / lowells
and entered my defence to the court using letters and quotes from this lovely site
The court papers have come back today saying ive been placed for the small claims court
i was hoping for this as i knew the debt was statue barred......... Its asking for MEDIATION
givng me untill 27th oct to do so
Only i dont want to mediate this so called debt is from 2003 from HSBC from a business acc

in which all debts were paid......... B CARTER/LOWELLS have not given any evidence for a "one off payment"in 2010
for £50 claiming the debt was still on the "meter" (bank records show no payment) Where do i go from here,can i remain
defencive and say no mediation untill proof of payment ?? or do i have to prove the debt is STATUE BARRED and enter
into mediation ????
HELP PLEASE
MAZ X

[Amethyst]

Re: Paperwork from northampton

If all your bank records show no payment then if they don't withdraw before the hearing you can send your statements and witness statement to court putting them to strict proof of where this random payment has come from. It isn't beyond them to invent payments I'm afraid.

You should arrange mediation, but speak to the mediator when setting it up and tell them you have nothing really to mediate as the claimants have given no evidence of the debt whatsoever. Otherwise in mediation ask the claimants to provide proof of the payment, show where it was paid from so you can cross reference your records etc. It usually gets cancelled at that point.

[Kati]

Re: Paperwork from northampton

Hi @ourmazza I've copied your previous thread (below)
Sorry you didn't get a reply ... your post must have been missed among everything else :tinysmile_cry_t:

hi there everyone....... ms newby here,
basic history hsbc business credit card last payment was sometime in 2005, no acknowledgement to present
various answer messages letters along the way from whoever was chasing it until 2008 then nothing until beginning of this year
then lowell popped up followed by bryan carter threatening court action last week i recieved court papers from northampton
and this is when i found you guys i have written the statue barred template ready for post and email to both lowells and carter
and registered online my defend in full to the court today do i need to send the paperwork to the court aswell ??? and it requires a signature
am i safe to stick one on as i dont want carter pasting it on anything that end (i know they are dirty worms !!)

im just wondering what i do next i understand carter wont acknowledge any of the above ,im just worried what i next send to court ???
do they need the statue barred template too, ive spent days reading various threads and now my head is ready to pop !!!!

hoping to restore my sanity

maz

you're in good hands now :tinysmile_twink_t2:

Kati xx

[ourmazza]

Re: Paperwork from northampton

thank you Amethyst
I thought that it might be up to them to show proof
i just needed to know i could keep my hard hat on,
right then wheres those "bulldozer keys"........
ill keep you posted

ourmazza aw:

[Amethyst]

Re: Paperwork from northampton

Yip, hard hat on, bulldozer at the ready.... they will have to prove to the court that 'on the balance of probablities' you did make that £50 payment.