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Court claim paperwork received

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  • rusty2009
    started a topic Court claim paperwork received

    Court claim paperwork received

    Good evening.

    Yesterday I got court claim paperwork, I've had no pre court claim letter.
    The debt is for a catalogue which at first I couldn't remember about.

    Going back through bank statements I can see my last payment to them was in January 2013.

    Now if I've done my research correctly that means that if you allow the 6 months for the original creditor to register a default that would take it to July 2013?
    There has never been a default on my credit file for this debt up until the end of last month Oct 2019 when Lowell added it.

    Would this debt be statute barred as I believe it is?

    If so how do I fill in the N9B to defend the claim as statute barred?

    Many thanks in advance.
    Tags: None

  • rusty2009
    replied
    Settlement agreed and case now closed. Thanks for the Help.

    Leave a comment:


  • rusty2009
    replied
    Good afternoon Amethyst*today we had mediation.
    Started and I explained we didn't have enough information to enter into negotiations and we are still awaiting the documents requested.
    They informed the other party had the said documents but no idea why they hadn't been sent yet, they suggested the documents be emailed to me and they would call me back later today to carry out the mediation. I put the point the across that I need time to view the documents and prepare any offer (if one was to be offered).

    They agreed to hold the case until next week and call back then.

    The documents have been sent via email, the Default they say was sent but they are only showing a screen shot of the system not the actual letter does this count?
    I've attached a image.

    What is the best forward should I negotiate now and agree a settlement?
    Last edited by rusty2009; 9th March 2020, 17:56:PM.

    Leave a comment:


  • rusty2009
    replied
    Originally posted by Amethyst View Post
    Agree to mediation now in case documents do turn up and you decide you want to negotiate settling out of court. If they don't mediation will be cancelled. No ones time is wasted and it is a useful back up.

    Yes the N180 directions questionnaire should be copied and original sent to the court and copy to the claimant. Any communications you have with the court ( that aren't just general enquiries ) should be copies to the other side too. Likewise any comms the claimant has should be copied to you.

    *
    Ok thank-you Amethyst*with mediation can my partner do the call on my behalf? This is due to my working hours as I don't know what I'm working from one week to next & my hours can change on the day being a carer I can't take a call while I'm working.

    Leave a comment:


  • Amethyst
    replied
    Agree to mediation now in case documents do turn up and you decide you want to negotiate settling out of court. If they don't mediation will be cancelled. No ones time is wasted and it is a useful back up.

    Yes the N180 directions questionnaire should be copied and original sent to the court and copy to the claimant. Any communications you have with the court ( that aren't just general enquiries ) should be copies to the other side too. Likewise any comms the claimant has should be copied to you.

    *

    Leave a comment:


  • rusty2009
    replied
    Got the paper work to fill in.

    Now they've included a sheet which gives details and ask if you can answer yes or no to see if mediation is suitable.

    Well I can yes to them so mediation is not suitable.

    Amethyst* what should I do here? I know Mike said just agree but to me that seems pointless wasting peoples time & mine.

    I have to have it back to the court by the 23rd Jan & serve copies on all other parties (surely that is courts job not mine)?

    Leave a comment:


  • MIKE770
    replied
    Agree then when mediation ring tell them no docuy received as request made _end osf mediation





    ​​​​​​




    ​​​

    Leave a comment:


  • rusty2009
    replied
    Amethyst I've still not to date had the requested documents from Lowell.


    But have today received a letter from them with the following.


    We refer to the matter detailed at the side of this page.
    Please find enclosed a copy of the directions questionnaire which we have now sent to the court. The court will shortly send you your own Directions questionnaire and confirm a date by which it must be returned.

    We have agreed to mediation in our directions questionnaire which may result in settlement without further legal action and costs. Mediation would be conducted over the telephone by an independent mediator. If you agree to mediation, please ensure you tick the "yes" box in part A1 of your own Directions Questionnaire.

    If you would like to settle this matter directly, our client invites you to put forward an affordable settlement to us either as a single payment or by instalments. An agreed settlement may avoid a hearing or judgement and also additional costs being added to your debt.

    We recommend that you obtain independent legal advise in order to fully understand your rights in relation to this claim. You can instruct a solicitor of your choice or obtain free legal advise from a citizens' advise bureau or other legal advice centre.*
    I don't see how they why they are trying to push the claim through further when there documents that have been requested still haven't been provided as these are their evidence and what the claim is based on.

    How can I agree to mediation without having all the facts???

    Leave a comment:


  • rusty2009
    replied
    Originally posted by Amethyst View Post
    Okay, put your defence in, minus paragraph 4 and 7 - threre's enough there for now with the failure to comply with the s.78 request and no default notice.* But if they come up with the documents you will need to be prepared to negotiate a settlement.
    Thank-you I shall submit the amended defence Sunday.

    Leave a comment:


  • Amethyst
    replied
    Okay, put your defence in, minus paragraph 4 and 7 - threre's enough there for now with the failure to comply with the s.78 request and no default notice.* But if they come up with the documents you will need to be prepared to negotiate a settlement.

    Leave a comment:


  • rusty2009
    replied
    Amethyst I've just been back over all the bank statements & have found all payments up-to 9/2014 the reason I didn't find them before was because it changed from shop direct to very so the search didn't pull them up.

    So this debt won't be barred so whats the best way to proceed with this?

    Still defend along the lines of no CCA or notice of termination?

    Leave a comment:


  • rusty2009
    replied
    Thank-you Amethyst, not a problem I know your busy with other threads and personal life.

    I'll remove that part thank-you.

    To answer your questions they are saying a payment sometimes 2 were made every month from my last payment in Jan 2013 up to 09/2014.

    Nothing was ordered since the last payment in 2013, but the account shows things being ordered up until the 24/5/14 (I wonder if these are buy now pay later items).

    Leave a comment:


  • Amethyst
    replied
    Sorry Rusty, I'd missed your previous post.

    4.It is admitted that the Defendant has previously entered into an agreement with Very for provision of credit.

    Leave the paragraph out completely for now. *

    Otherwise it's good *

    Last payment date is 02/09/2014* - but your last record of payment is January 2013 - on the statements they have sent can you see any payments made between Jan 2013 and Sept 2014 ? How much is the Sept 2014 payment for ?* When was the last purchase on the account that you can see from the statements and do you recognise what it was?

    Leave a comment:


  • MIKE770
    replied
    if due by sunday then you will have to Monday 4 p.m. to file it as weekends do not count*

    Leave a comment:


  • rusty2009
    replied
    Amethyst could you please advise RE the defence I posted please as I need to file it by Sunday?

    Many thanks Rusty.

    Leave a comment:

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