Defended claim as statute barred

[Shabz2510]

Hi guys,

claim pack dated 19 feb 2015

I defended my claim as statute barred, got letter from good old solicitors to say I made a payment in July 2009- so asked them to provide proof of payment and they have written back saying that they have received my two letters, one which was for proof of payment I.e payment details and the other was CPR request. They said they are in process of retrieving this information.
Also I written to the claimant(Hoist portfolio) for the CCA, none of which has been received..

today I receive a letter from county court regarding mediation, I presume that our dear old solicitors ( Howard Cohen), have not got this phantom info payment they are talking about..

what should I do should I go in the route of mediation or should asked for it to be strike out..

please can anybody help...

this will be most appreciated

[nemesis45]

Re: Defended claim as statute barred

Hi,

Yes mediation is now expected to attempt agreement between the parties to a claim, and is not put forward by Cohen.
Did you send the £1.00 statutory fee for the request for the agreement?
Has the 12 + 2 working days for compliance with the CCA request expired?

nem

[Shabz2510]

Re: Defended claim as statute barred

Hi,

Yes mediation is now expected to attempt agreement between the parties to a claim, and is not put forward by Cohen.
Did you send the £1.00 statutory fee for the request for the agreement?
Has the 12 + 2 working days for compliance with the CCA request expired?

nem

Hi Nemesis,

12 days have expired and I did send them a £1 postal order for CCA but they sent it back.. Should I go into mediation, as they have not provided information and ask the mediator to try obtain this information??

[fazzy]

Re: Defended claim as statute barred

Hi Nemesis,

12 days have expired and I did send them a £1 postal order for CCA but they sent it back.. Should I go into mediation, as they have not provided information and ask the mediator to try obtain this information??

Hi there,

I have exactly same situation but the solicitors are different. I response to my defence against their county court claim on the basis of not having received any response to my CCA & CPR as well as the debt is statute barred,

The solicitors replied by saying they have been told that the payment was made on account in 2009 which complete lie. Also they have said that they never received any CCA or CPR requests but they have put the matter on hold until they obtain all the documents requested.

Please tell me, if I should ask them to provide proof of payment made?

Thanks

[nemesis45]

Re: Defended claim as statute barred

OK, phone the court tomorrow and check the status of the claim.
The mediator is not involved in this way, is not a judge/solicitor/lawyer and has no connection with the case other than mediation.

nem