Need Help county court claim

[CleverClogs]

Re: Need Help county court claim

They didn't send a LBA and they have stated that they will ask Lowells for the documents I have requested. How can they sign a statement of truth if they don't have the documents

Perhaps Bowells have an imperfect understanding of the very concept of veracity?

I have not entered a defence yet but I wanted to make sure they have not invented a payment. The amount claimed is the same as the default amount (less interest etc) so I just wanted to make sure they don't try anything iffy

The whole damn claim was "iffy", right from the start:

Come to think of it, the particulars of claim provide all the evidence needed to prove it is statute barred:

1. The claimant's claim is for a simple contract subject to to s.5 of the Limitation Act 1980
2. The claimant claims to have been assigned the balance of the account on 19/01/2007, therefore the cause of action accrued 6 years or more before the date of the claim.
3. The claimant claims the sum of xxxxx, this being the same as the balance they state was assigned on 19/01/2007. Therefore no payments have been made on account since assignment.
4. The defendant denies making any payment to the claimant or any other acknowledgement of this debt.
5. Consequently, the claim is 'statute barred' under s.5 of the Limitation Act 1980 and the claimant is not entitled to payment of the amount claimed or any other relief

You might want to mention your letter advising them that the debt was statute barred and that they didn't send a a letter before action. Might be seen as unreasonable behaviour

As even a school-child could see that their case would have been hopeless, one must really wonder just what Bowells and Bwyan Carter are playing at, other than silly buggers. Were they determined to overlook the fact that the alleged debt was Statute Barred and was this an attempt to bounce a defendant into making a payment rather than defending the case? That would seem to fit Bwyan Carter's steadfast refusals to comply with any CPR 31.14 requests.

Or is it a matter of quem Deus vult perdere, dementat prius?

[CleverClogs]

Re: Need Help county court claim

Can I now claim costs back if they have discontinued and how do I do that?

What costs have you incurred, other than a few bottle of whisky?

[rughead121]

Re: Need Help county court claim

What costs have you incurred, other than a few bottle of whisky?

In the great scale of things not a great deal but it is annoying that I should be out of pocket at all.

If they had followed CPR then it would have been a couple of phone calls and a few stamps. As it is it's a few hours lost earnings, travel costs & parking charges.

Like I said not much in total but money I could have done without laying out

[CleverClogs]

Re: Need Help county court claim

I entirely agree - the claim should not have been made at all, as anyone reading the POC would see that the alleged debt was Statute Barred.

Bwyan Carter's performing monkeys either don't bother to read the claims they're making or they've been told to issue the claim anyway, in the hope of getting a default judgement in favour of Bowells. Whatever the reason might be, it is at best sloppy and could be said to be an abuse of the system.

[rughead121]

Re: Need Help county court claim

I believe that they issue CC claims on mass without the required information. When you ask them for a copy of the documents they have relied on they say they will try to obtain them for you which implies that they have signed the statement of truth without sight of the evidence.

[CleverClogs]

Re: Need Help county court claim

And what should be the penalty for (knowingly or recklessly) having made an untrue statement on a claim form?

[rughead121]

Re: Need Help county court claim

And what should be the penalty for (knowingly or recklessly) having made an untrue statement on a claim form?

well if I did it it would be called contempt of court or perjury

[CleverClogs]

Re: Need Help county court claim

Or attempting to pervert the course of justice?

"Perverting the course of justice" was the offence for which "Lord" Archer was sent to gaol for, alas, far too short a sentence. (link)

[rughead121]

Re: Need Help county court claim

Or attempting to pervert the course of justice?

"Perverting the course of justice" was the offence for which "Lord" Archer was sent to gaol for, alas, far too short a sentence. (link)

LOL Best place for him.

When a Shyster firm of solicitors do it it's called 'A robust adversarial stance'