BW Legal / Lowell Portfolio CCJ on Statute barred debt

[dededan]

Hi all I am new here and dont know where to start I received a notice of ccj at the end of november 2014 to which I have submitted a defence for it was £8000 which was off a car I bought in 2007 ( long story short) the engine blew up within 6 months so I asked to get it repaired under warranty to which they stated they wouldnt cover it as its wear and tear ( this was a 3 yr old car ) they didnt even look at it to determine that, so I told them to come collect the car and I woulndt be paying for it. I stopped paying for it in May 2008. I filled in the mediation questionarre and when I rang them to arrange a date for mediation they said they coulndt do it as I was disputing it so now I am stuck dont know what to do or where to go next I havent received the court date yet was just hoping for some help or guidence as to the way forward, what letters should I be sending etc. as I have trawled websites but there are so many letters and formats I dont know which is correct.
any help would be greatly appreciated.

oh and BW Legal are stating there was a payment in Jan 2009 to which I have spoken to my bank who also confirm that may 2008 was last payment.

[Amethyst]

Re: BW Legal / Lowell Portfolio CCJ on Statute barred debt

You've had a court claim, submitted a defence, had directions questionnaires and attempted mediation, so all you can do now is wait for directions and a court date from the courts.

Have you included Statute Barred as part of your defence ?

Do you know how much the alleged payment in 2009 was for ? If you have claimed Stat barred then the onus of proof is on the claimant to show it isn't. They can't just say you paid in 2009, they need to evidence it too.

When you get the court date you should get directions to file witness statements and documents before 14 days before the hearing - if you feel like you should be doing something then you could make a start on that.

You should also write back to Lowell and ask for evidence of the '09 payment.

[dededan]

Re: BW Legal / Lowell Portfolio CCJ on Statute barred debt

Hi Amethyst thanks for quick reply yes i have entered stat barred on defence claim.
no they never stated how much was payed in Jan 09.
I know the finance co. sold car at auction I was just thinking that might be payment they are talking about although i am sure that happend earlier than Jan but either way I never made that payment.
What letters should I send to Lowell / BW Legal to request proof etc.

thanks