***WON*** debs65

[Kati]

Re: debs65

[MENTION=55034]nemesis45[/MENTION] ... can you pop on here please?? xx

[nemesis45]

Re: debs65

Hi Deb,
Sorry I did not see this I'm away from home at present.
The CPR31.14 is not relevant to claims once allocated
to the small claims court.
But the CCA Request Certainly is relevant without it the court
cannot pass judgement.
Tick for mediation even if this does not take place because the CCA has
not been provided, it shows you have tried to settle out of court.
Your defence stands as Stat Barred, you have statements showing
that no such £1 payment was made and your letters asking for proof of the
payment.
So continue as before, complete witness statement so you are ready to submit.
This is typical Lowell they hope you will just capitulate because of the threat to continue
to trial if no CCA/ proof of payment has been provide by 13 May 2015 I would suggest another letter to
Lowell " suggesting" that it withdraws the claim in the interest of saving costs and court time because
they have not complied with the CCA request and have not provided proof of the payment therefore the
claim is doomed to fail.

nem

- - - Updated - - -

@nemesis45 ... can you pop on here please?? xx

Popped in and popped out.!!

nem

[Kati]

Re: debs65

Popped in and popped out.!!

nem

Thanks hun xx

[debs65]

Re: debs65

Thanks nem and kati [MENTION=55034]nemesis45[/MENTION]. #post 21... they did eventually send what they stated was a recon CCA which amethyst said looked like original remember.
In my recent e-mails to BC I pointed out they were hindering my defence by not suppling proof of payment of the alleged £1, and reminded them of part 8 of my previous statement they were required to prove that a compliant Default Notice was served. They said back they had not hindered my defence as I had already filed my defence! And as for the alleged £1 all they keep saying is "we are taking further instruction from our client re...... and will revert to you in due course".
Well I will not be using the same defence-I will be adding much more to it!! (ie re the alleged £1 and it not being on the statements they provided, the fact I have checked 4 credit reference agencies and no default is on my reports etc..). I will make a start on my defence at the weekend as will need it in post by 10th. I will take advice off here and seek assistance in getting it right ha!
I don't know how much longer to give them to prove the alleged £1. They have had 4 months!
Thanks nem and all of you who help. it is very, very much appreciated

[nemesis45]

Re: debs65

Hi Deb,
Please Don't Hesitate to come back at any time if you need more help!

nem

[debs65]

Re: debs65

[MENTION=29921]nemesis[/MENTION]. Sent you a PM. sent details of all I need to put in statement but need help wording it correctly asap as want to post it no later than Friday. if you are too busy to help, please feel free to pass on to amethyst or anyone who can help. Just someone help me PLEASE as this has got me ill. THANKYOU

[debs65]

Re: debs65

sent defence/documents to court and just thought [MENTION=29921]nemesis[/MENTION].... I sent copy /documents to bryan Carter! should they have been sent to Lowell??? oh God.... have I screwed up??

[Amethyst]

Re: debs65

sent defence/documents to court and just thought @nemesis.... I sent copy /documents to bryan Carter! should they have been sent to Lowell??? oh God.... have I screwed up??

All comms about the claim should go through Bryan carter as the solicitors, only thing to go through lowel' is the CCA request, so you are absolutely fine.

[debs65]

Re: debs65

Phew. Thank you nem👍

- - - Updated - - -

Sorry- thank you [MENTION=6]Amethyst[/MENTION]! Xx

[debs65]

Re: debs65

Well [MENTION=29921]nemesis[/MENTION] [MENTION=6]Amethyst[/MENTION] I have no hope of discontinued - got their statement today!
They claim default was 19 sept 2006.
They say the claimant requests defendants defence be struck out under Part 3.4 villi procedure rules and judgement be entered in favour of claimant.
Says defendant last made payment on 1 dec 2009 in sum of £1. The payment was made after the debt was assigned to claimant therefore does not appear on statements.
They enclose a statement (dated 11 may 2015) saying please find below statement of payments on the account since it's arrival at Lowell- 1/12/09 payment received from CRS £1.
No proof of the payment. And what is CRS??
I can't stop shaking. This is going to kill me off! How can they get away with not proving this £1?

[nemesis45]

Re: debs65

Emm. Could be Credit Resolution Services, a DCA ??c

You can reject this £1 .00 as unknown and you have no knowledge of any such company as CRS.
Could you have made a CCA request to such a company?

nem

[debs65]

Re: debs65

It was so long ago nem I can't remember. The only £1 payments I have ever made in my life were for CCA. Why won't they prove this payment after 5 months of asking? I put this in my defence nem as you advised. They haven't even proved it to the court

[debs65]

Re: debs65

Plus - if I allegedly paid £1 in dec 2009 would that not have reactivated the account/ reset the default??? Oops- thought I gave thanks for above- hard to see icons on mobile

[debs65]

Re: debs65

Sorry for yet another reply @ nemesis [MENTION=6]Amethyst[/MENTION] but looked online and copied this .....f you made any payments to it or otherwise acknowledged the debt after the default date, then that “resets the clock” so the six-year limitation period starts again after the most recent payment/acknowledgement......
I am so confused by it all! And I don't know what to do now... Contact Bryan Carter to question this CRS and again demand proof or Wait til court . Sorry to be such a pest but I am physically ill with this now x

[Amethyst]

Re: debs65

I very much doubt you paid £1 in 2009 - they need to evidence it. You need to tell them the onus is on them to evidence the payment, how it was made etc.

If you did, on purpose, then yes it would reset the SB clock. If you sent a £1 for a CCA request then that is not counted as a payment to the account, it shouldn't count as acknowledgement but depends what letter you sent to them and whther it stated you didn't acknowledge any debt and that the payment was to be used for the CCA nothing else.

Anyway, do you have any records of sending CCA requests ?