Lowell court date confirmed help

[Baronsamedi]

Good evening, could someone please help me out on where I go with this.

Earlier in the year I received court papers re a debt to Lowell which was previously with a mobile phone company.

I acknowledged online and submitter my defence based on it being statue barred. I received a letter saying the claimant has 28 to respond or it is stayed. No response I expected it to be stayed.

I then received the notice of proposed allocation to small claims court had to fill in if I wanted mediation (said no) along with what dates I'm available etc. Directions questionnaire I think this was form N180

Today I returned from holiday saying its been allocated to the small claims court in August and a hearing fee was payable by the claimant by the end of June. I've no idea if this has been paid. It then goes on to say I have till a few days time from now to prepare and send in copies of all documents. So as you can see not a lot of time.

My problem is this, I'm positive it's statue barred but don't have any paperwork to hand as its years old. What do
I do now? Do I write to all parties now saying this or what ? I could maybe get a copy of my credit file showing that it isn't on there or in the closed accounts obviously time is of the essence. Any help would be greatly appreciated.

- - - Updated - - -

st to add I was previously told not sure if rightly or wrongly that it's down to them to prove I owe it and it's not statue barred, not me to prove it is statue barred, hence why I haven't gotten anything together on it. I've basically been waiting for them to provide proof it either is or isn't.

[JunoJuno]

Re: Lowell court date confirmed help

Hi good luck ! Read my ramblings on similar thing

[charitynjw]

Re: Lowell court date confirmed help

Link to JunoJuno's thread.

http://legalbeagles.info/forums/show...onal-loan-debt

[Baronsamedi]

Re: Lowell court date confirmed help

Hi everyone so I have a court date next week 30/08 could still use some advice.
My defence is that it's statute barred although I cannot prove this but I believe the onus is on the claimant to prove it isn't ?.
I received the claimants witness statement and documents ( 3 weeks after the date given by the judge to get them in by)

They state in this documentation that a payment was made within the 6 years so it is not statute barred. However there is no evidence of that enclosed. It's basically just a load of old phone bills. No payment history enclosed.

Any advice regarding this ? I've no idea how it works in the court but if I get a chance to speak should I point this out ? Surely they can't just give a date without evidence of this payment. Or are they going to pull out proof of this payment despite not sending it to me ?

Thanks in advance. Fair to say I'm a bit nervous now as I didn't think it would go this far.

[Baronsamedi]

Re: Lowell court date confirmed help

Anyone ?

[Amethyst]

Re: Lowell court date confirmed help

Hi everyone so I have a court date next week 30/08 could still use some advice.
My defence is that it's statute barred although I cannot prove this but I believe the onus is on the claimant to prove it isn't ?.Yes the onus of proof is on them
I received the claimants witness statement and documents ( 3 weeks after the date given by the judge to get them in by)Did you send yours in ?

They state in this documentation that a payment was made within the 6 years so it is not statute barred. However there is no evidence of that enclosed. It's basically just a load of old phone bills. No payment history enclosed.you should point this out in court - if you have any evidence to the contrary - eg bank statements showing the claimed payment wasn't made - that would help

Any advice regarding this ? I've no idea how it works in the court but if I get a chance to speak should I point this out ? Surely they can't just give a date without evidence of this payment. Or are they going to pull out proof of this payment despite not sending it to me ?

Thanks in advance. Fair to say I'm a bit nervous now as I didn't think it would go this far.

I'll have a read through the thread xx

Ok that didn't take long - main thing is have you sent in your witness statement ? and do they give a date of this supposed final payment so you can go get copy bank statement to show it didn't happen?

[Baronsamedi]

Re: Lowell court date confirmed help

I'll have a read through the thread xx

Ok that didn't take long - main thing is have you sent in your witness statement ? and do they give a date of this supposed final payment so you can go get copy bank statement to show it didn't happen?

Hi there thanks so much for the reply. Yes I sent it in it basically said

1. On the order of ... I submit the following witness statement as defence to the orginal claim
2. I believe that the alleged debt was statute barred under the provisions of the limitations act 1980 prior to the claim being issued
3. To the best of my knowledge and belief no payments or unequivocal written acknowledgement have been made to the alleged debt since 2009
4. It is my contention that the claimant must provide unequivocal proof that the debt is not statute barred

I can't post there's as its on paper and I have no way to photo or scan it.

I have got all the bank statements for the year In question and there are no payments on there. Although I'm not sure if I can use this as evidence as it wasn't sent to the court with my witness statement ?

[Baronsamedi]

Re: Lowell court date confirmed help

And sorry just saw your comments in red yes I followed all instructions and sent them in by the required time frames

[Amethyst]

Re: Lowell court date confirmed help

That sounds fine. As you are in small claims it's a little less formal, so if the other side contend you made X payment, then ask what method it was paid by, then say, ''ohh that's funny there's no payment showing on my bank statement for that date'' ... then you can hand the judge and claimant copies. it is quite tough to show something didn't happen, but at least if you know what dates they are going to be arguing you paid them you can be ready with counters.

You can put in a response to their Witness Statement, pushing it a bit timewise, but in that you can say you received the claimants WS on XX date, in response to para X you ask the court to put the claimant to proof of the payment date, time, method etc and exhibit the corresponding page of your bank statement. It does give them warning though to argue you paid in cash, credit card by phone or something else.

the list of phone numbers etc they provided - is that literally evidencing use of the phone ? does it show any transactions monetarily at all ?

[Baronsamedi]

Re: Lowell court date confirmed help

Thanks. I think it's more that I don't know what to expect that makes me nervous. It's just itemised bills it shows a cost of each call or message and a total balance at the end of each billing period but it doesn't at any time show any credits. Also the bills finish over a year before they claim the last payment was made.

[Amethyst]

Re: Lowell court date confirmed help

Have a little read of this
What to expect at a small claims court hearing?

and feel free to ask any questions xxxx

[Baronsamedi]

Re: Lowell court date confirmed help

Have a little read of this
What to expect at a small claims court hearing?

and feel free to ask any questions xxxx

That's great thanks I'll let you know how it goes.

[Baronsamedi]

Re: Lowell court date confirmed help

Good news the judge dismissed the case he said as there was no evidence of this payment they claimed had been made. She said they could appeal (they didn't ask to) but going by what he had seen it would be a waste of time.

Thanks again for all the advice