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I had a default judgment set aside last April and Judge ordered that Lowell send in documents before the end of may and myself, mid June.
The initial judgment was against me for a Very Shop direct account which I believers i had satisfied in 2015 but Lowell claims this is not so but can not give full breakdown of the debt d’excepté the closing statement on the account when it was purchased.
After the set aside, Lowell wrote to me giving me the opportunity to pay the outstanding debt T a reduced amount but of course I was not willing to accept this because I not only believe I do not owe the debt, I also haven’t had a clear explained what it was. Lowell produced the credit agreement and claimed that a default notice was sent to me but could not prove this. It also supplied a redacted assignment breakdown but this was dated 2014 but my debt was supposed to have been bought in 2015. Is this correct? The notice of assignment was also a template of some sort that it claimed was issued and sent by Very but it did not have Very shop direct logo on letter heading so I’m suspicious.
Lastly, I am wondering if this claim can be statue barred as the last payment made on the account was in February 2015 and if they were able to prove that a notice of default was sent, then it would be statute barred in August 2921 but the hearing is slated for July.
Does set aside mean that the case starts afresh and status of limitations can now be invoked or does the original claim date which was in 2019 stand and status of limitations will therefore not apply?
Any advise will be gratefully received.
Thank you.
The initial judgment was against me for a Very Shop direct account which I believers i had satisfied in 2015 but Lowell claims this is not so but can not give full breakdown of the debt d’excepté the closing statement on the account when it was purchased.
After the set aside, Lowell wrote to me giving me the opportunity to pay the outstanding debt T a reduced amount but of course I was not willing to accept this because I not only believe I do not owe the debt, I also haven’t had a clear explained what it was. Lowell produced the credit agreement and claimed that a default notice was sent to me but could not prove this. It also supplied a redacted assignment breakdown but this was dated 2014 but my debt was supposed to have been bought in 2015. Is this correct? The notice of assignment was also a template of some sort that it claimed was issued and sent by Very but it did not have Very shop direct logo on letter heading so I’m suspicious.
Lastly, I am wondering if this claim can be statue barred as the last payment made on the account was in February 2015 and if they were able to prove that a notice of default was sent, then it would be statute barred in August 2921 but the hearing is slated for July.
Does set aside mean that the case starts afresh and status of limitations can now be invoked or does the original claim date which was in 2019 stand and status of limitations will therefore not apply?
Any advise will be gratefully received.
Thank you.
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