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Hi all, I am new to this site, sorry if it's rather long winded, but just need some advice on a CCJ lowell are trying for, on a old welcome finance loan I got back in May 2008. I was having a tough time when I took out this loan and unfortunately had to spend some time in hospital due to severe depression so after I took out the loan only 2 payments where made towards it just after, so I am 99% sure this debt is statute barred.
Lowell group are now trying for a CCJ through BW legal, I received the claim forms back in December, I spoke to a rep at BW legal advising I beleive this to be statute barred and requested a copy of the credit agreement and proof of any payments made, I then filed my defence online advising the same.
At the beginning of January this year, I received a notice from the court stating Lowell are continuing with the claim, so I emailed bw legal again requesting my credit agreement etc as I still have not received it. They emailed me back stating that they are in touch with Lowell trying to obtain this.
I have since had a email saying this is elegible for telephone mediation so I called the telephone mediation service and explained I was disputing, and he said this is not eligible for mediation because I'm disputing and it will have to go to court.
The original creditor for this loan welcome finance actually went bust a couple of months after I took out the loan, and I have read on other forums that most of their credit agreements where destroyed, I don't know how true this is though.
To date I have still not received anything from Lowell to prove this debt isn't statute barred, and it looks set to go to court. My question is can it still go to court if they don't provide me with the proof I have requested?
Im completely new to all this and have no idea what I'm doing, I have been winging it tbh to get this far with this CCJ busness, have I taken the right steps so far?
Thanks for reading.
Lowell group are now trying for a CCJ through BW legal, I received the claim forms back in December, I spoke to a rep at BW legal advising I beleive this to be statute barred and requested a copy of the credit agreement and proof of any payments made, I then filed my defence online advising the same.
At the beginning of January this year, I received a notice from the court stating Lowell are continuing with the claim, so I emailed bw legal again requesting my credit agreement etc as I still have not received it. They emailed me back stating that they are in touch with Lowell trying to obtain this.
I have since had a email saying this is elegible for telephone mediation so I called the telephone mediation service and explained I was disputing, and he said this is not eligible for mediation because I'm disputing and it will have to go to court.
The original creditor for this loan welcome finance actually went bust a couple of months after I took out the loan, and I have read on other forums that most of their credit agreements where destroyed, I don't know how true this is though.
To date I have still not received anything from Lowell to prove this debt isn't statute barred, and it looks set to go to court. My question is can it still go to court if they don't provide me with the proof I have requested?
Im completely new to all this and have no idea what I'm doing, I have been winging it tbh to get this far with this CCJ busness, have I taken the right steps so far?
Thanks for reading.
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