bryan carter and lowell ccj claim-another

[okateo]

hi
seems there are quite a few posts regarding these so they must be upping aggressive tactics......
i recieved a court claim to my ex's address. i lived there very briefly in 2012.
anyway, i applied for an ack of service in order to defend a debt that is from 2006. in all honesty i feel i've brought this on myself as this debt reappeared on my credit report in january with a december 2008 default date and i denied having this through equifax.i have had no contact with Lowell, who took over the debt at some point (but i dont know when).
the deadline for the defence was 16 May and i didnt do a great job of articulating myself.
after the first letter-so during the ack of service period-i emailed bryan c and lowell advising the debt was statute barred and asking for evidence to proove it wasnt. BC replied stating a payment was made in nov 2013. i asked for proof of payment and advised i could proove nothing came from my bank acc (obv then
sw
shere do i go if they say it was a cash payment?!).
my defence very simply detailed our exchange of emails and i advised i had had no contact with anyone during any point until now. i spoke to cab and they said it was simple-bc/lowell need to proove its not statute barred. the response from bc has been all about this payment specifically.

my main concern is that my defense was rubbish and that it could hindge on what could be fraudulent evidence. i assume they may say a payment was made in person at the address. i dont evenly believe bc are communicating withlowell re any of my correspondence.
i also have huge concerns about this updated info on my credit report-this is an old co-op account and from my uni days so pre 2007. i have no info and i was living in a different city with a new bank acc etc etc for a year before the new default date......

the stage im at now is a letter dated 23 may was sent from bc to the court saying they were proceeding with the claim after recieving my defence. i got this on 26 may. then on 30 may i received another letter dated again on 23 may advising of a payment plan. i emailed advising they should send things recorded delivery as the deadline in the payment plan letter was the day i recieved the letter. i got a response on saturday saying lowell will forward evidence to the court.

there's no doubt in my mind this is certainly statute barred but have i shot myself in the foot with my defence? can i contest their evidence? can i forward any complaints about my new, dubious, default dates on my report? would it have been better to ignore the claim and get it set aside as it never went to my current address?and where on earth can i go from here? should have done this ages ago

[mystery1]

Re: bryan carter and lowell ccj claim-another

there's no doubt in my mind this is certainly statute barred but have i shot myself in the foot with my defence?

If you said it was statute barred and it is, no.

can i contest their evidence?

Yes. If you cast enough doubt on it the judge will rule in your favour.

would it have been better to ignore the claim and get it set aside as it never went to my current address?

Never.

where on earth can i go from here?

You can ask the claimant to agree to you amending you defence.

CPR 17.

M1

[okateo]

Re: bryan carter and lowell ccj claim-another

So my defence isn't the last part of the process? I haven't read anywhere stating this. I can respond to the evidence from the claimant?
Ive also not read anywhere on how to ask to amend my defence. I will look into this further. I'm not finding it a straight forward process as I've been told conflicting opinions-a solicitor told me that even the six year rule can be dismissed so it was irrelevant to the cab saying it would be very easy and the owness is on the company to prove.

[Amethyst]

Re: bryan carter and lowell ccj claim-another

Hiya,

If you want to type out the defence you entered then we'll have a better idea whether you need to amend. So long as it was that the debt is statute barred and you've had no contact for over six years then you should be fine.

The onus IS on them to evidence you made a payment in November 2013.

it could hindge on what could be fraudulent evidence.

do you mean you had fraudulent evidence in your defence or they have made up the November 2013 payment ?

Have they mentioned how much this payment was for?

[mystery1]

Re: bryan carter and lowell ccj claim-another

The process is over when judgment is handed down and perhaps longer upon appeal.

http://www.justice.gov.uk/courts/pro...es/part17#17.1

Amendments to statements of case
17.1
(1) A party may amend his statement of case at any time before it has been served on any other party.
(2) If his statement of case has been served, a party may amend it only –
(a) with the written consent of all the other parties; or
(b) with the permission of the court.

M1

[okateo]

Re: bryan carter and lowell ccj claim-another

The fraudulent accusation I wrote to them about is indeed the nov 2013 payment. I don't want to write the amount in case they do check on here but an amount was specified and dated. I can't prove but I do also think my credit report dates of the contract have changed.
I wrote to them yesterday asking if I could amend my defence after they emailed me detailing their complaints process-I think my queries about the payment have gone to complaints at Lowell- but I am concerned they will take their time. I'm not confused about the process from this point so hence me stressing and coming online. Can I appeal to the next step? I assume their evidence of a payment in 2013. They really can't prove it as I didn't make the payment-I'm adamant to defend that.
Thanks for your help-really appreciate it.