Court claim received

[nemesis45]

Re: Court claim received

Court date now issued, so at last I have received a date for this SB case, this is set for March 2016. It's at my local court, is it important I attend & what is my role, do I simply sit there and stick to my SB claim, I presume the other party has all the donkey work to do, any advice please?

Hello Carts,
Yes the onus of proof in this case falls entirely upon the claimant.
You will have to produce a witness statement and evidence at least 14 days before the hearing and the claimant
has to do the same so will have disclose their evidence too.

nem.:santa_wink:

[Stu]

Re: Court claim received

This has been a very interesting read Cart my view here is you have a strong case as no proof of it not being SB then the judge has to call in your favour...

[carts69]

Re: Court claim received

Court date now issued, so at last I have received a date for this SB case, this is set for March 2016. It's at my local court, is it important I attend & what is my role, do I simply sit there and stick to my SB claim, I presume the other party has all the donkey work to do, any advice please?

[carts69]

Re: Court claim received

I have now phoned the courts, was told it has been viewed by the judge and I will be hearing from them shortly, they currently have a backlog to clear, still not sure why it's going this far if they have no proof of there not SB claim?

[carts69]

Re: Court claim received

Ok, thanks nem & FP for your guidance, so when I ring the court...what exactly do I say, I'm not sure what to ask?

[FlamingParrot]

Re: Court claim received

Ok, so my final question is... Would it have been in there interest to have sent me the proof with the other little piece of paperwork if they had it,

Of course it would be, if they had proof the debt is not SBd they could 'invite you' to settle or else say they would apply to strike out your defence and enter summary judgment.

in other words..could they have proof but not be producing it?
although saying this, I'm adimint that it is SB!

No, if they had it they'd have produced it. On post #103 above I posted up about a case where they thought they had 'proof', yet the judge didn't seem to agree. :juge:

[nemesis45]

Re: Court claim received

Ok, so my final question is... Would it have been in there interest to have sent me the proof with the other little piece of paperwork if they had it, in other words..could they have proof but not be producing it?
although saying this, I'm adimint that it is SB!

No evidence =no proof the alleged debt is not statute barred Carts!!
Yes it would have meant they could continue the claim unhindered by the SB claim.
They hope you will just give up!!

nem

[carts69]

Re: Court claim received

Ok, so my final question is... Would it have been in there interest to have sent me the proof with the other little piece of paperwork if they had it, in other words..could they have proof but not be producing it?
although saying this, I'm adimint that it is SB!

[FlamingParrot]

Re: Court claim received

Ok nem, but my question is... As they have not provided any paperwork to show the claim is NOT SB, what chance do they have or me come to that matter, who is likely to come out on top based on there lack of proof?

The burden of proof is on the claimant to show that they are entitled to recover the money and the debt is not SBd. :thumb:

We had a case here where they went all the way to court arguing a payment had been made and the judge dismissed the so-called 'evidence'. :grin:

[carts69]

Re: Court claim received

So what would be the point continuing for them, why are they not backing out at this stage?

[nemesis45]

Re: Court claim received

Ok nem, but my question is... As they have not provided any paperwork to show the claim is NOT SB, what chance do they have or me come to that matter, who is likely to come out on top based on there lack of proof?

The onus of proof that the debt is Not SB falls upon the defendant.
If the can't prove their claim it must fail.

nem

[carts69]

Re: Court claim received

Ok nem, but my question is... As they have not provided any paperwork to show the claim is NOT SB, what chance do they have or me come to that matter, who is likely to come out on top based on there lack of proof?

[nemesis45]

Re: Court claim received

Hi nem, Im good thanks, No FP,no date was set for the case, I read I would be notified in due course, that's why I'm curious.

Still worth a check with the court, due course is vague so open ended as to be meaningless.

It's likely that the claimant will instruct a locally based legal representative or send a paralegal from its own " legal department".

Lowell do tend to leave claims hanging in limbo.

nem

[carts69]

Re: Court claim received

Hi nem, Im good thanks, No FP,no date was set for the case, I read I would be notified in due course, that's why I'm curious.

[FlamingParrot]

Re: Court claim received

Still not heard anything from the courts, is this normal for this time lapse?

I don't think this case would be stayed, as it's already gone through the motions of being transferred; on the post below you mentioned the case being heard in your home town, was a hearing date not set?

I see this case will be heard in my home town! Are these idiots really going to travel X amount of miles to defend this case without being able to prove its not SBd?