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County Court claim for Statute Barred debt

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  • #31
    Originally posted by Warchilo View Post
    I'm just going through and editing the CPR 31.14 now.

    It has this paragraph -

    To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx.

    However I have already filed my defence, should I modify the paragraph?

    Thanks.

    Edit - Apologies for all the questions. I have poor mental health, I'm trying to juggle a full time job with twin toddlers so I'm struggling to grasp all the details and keep on top of things.
    Yes modify, see what they send back.

    The SAR will hopefully provide more relevant information.

    Comment


    • #32
      I've just had an email from Overdales telling me the default was June 2010.

      However they're also saying I made a payment in may 2021 which I know I never made, I've completely ignored all letters, and the amount they're saying is more than I could ever have afforded in a one off payment.

      This feels like an underhanded way to put pressure on me.

      Anyway I can get them to provide proof of this payment?

      Should I respond to the email? Or is there a proper way of doing it?

      Thanks.

      Comment


      • #33
        Originally posted by Warchilo View Post
        I've just had an email from Overdales telling me the default was June 2010.

        However they're also saying I made a payment in may 2021 which I know I never made, I've completely ignored all letters, and the amount they're saying is more than I could ever have afforded in a one off payment.

        This feels like an underhanded way to put pressure on me.

        Anyway I can get them to provide proof of this payment?

        Should I respond to the email? Or is there a proper way of doing it?

        Thanks.
        Can you double check with your bank account / accounts?

        That info might / should be in the SAR request you've made.

        Comment


        • #34
          I've checked my accounts and there are no payments on that date or in the statement for the whole month.

          In the email they say that -

          "The Assignor has also informed our client that the last payment of xxxx was received on xx may 2021"

          Does this mean I need to find out who the assignor was and send a SAR to them?

          If I respond to the email would that also reset the Statute time limit?

          Thanks.

          Edit - The email has come from Overdales who are acting as the solicitors.

          Comment

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