Court claim received

[nemesis45]

Re: Court claim received

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

Hello Carts how are you?

Give the court a quick call in the morning, may be that the claim is stayed, if it is find out the date
the stay was put in place.

nem

[carts69]

Re: Court claim received

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

[carts69]

Re: Court claim received

Ha ha, no :tinysmile_twink_t2:

[FlamingParrot]

Re: Court claim received

Thanks FP, I shall now sit tight until I hear from the court.

They've not come up with similar allegations of phantom payments here, have they?

[carts69]

Re: Court claim received

Thanks FP, I shall now sit tight until I hear from the court.

[FlamingParrot]

Re: Court claim received

No, I'm not taking anything for granted, just curious of how this is going to roll, just getting some feedback from you guys on what to expect & what's likely/ unlikely? But I suppose only time will tell.
So me Vs a solisitor, what trick could one have up there sleeve to bypass a SB or would it be a case of prove its Not SB or the defendant wins the case?

The burden of proof will be on THEM to show it's not SBd. :thumb: :thumb:

You probably know about the case below where the judge dismissed what they presented as 'evidence' of a random payment being made. :whoo:

Yay... time to chalk up another victory for the Beagles!
I just had my hearing where Lowells were represented, nevertheless the judge was not satisfied they had discharged their onus of proof that this matter was not statute barred.
The document they called a statement of account was not accepted as an accurate record, neither was it proved any alleged payment had been made therefore the claim was dismissed.
Grateful thanks to you all... @nemesis45, @FlamingParrot, @MIKE770 and @Kati I couldn't have done this without your help.

[carts69]

Re: Court claim received

No, I'm not taking anything for granted, just curious of how this is going to roll, just getting some feedback from you guys on what to expect & what's likely/ unlikely? But I suppose only time will tell.
So me Vs a solisitor, what trick could one have up there sleeve to bypass a SB or would it be a case of prove its Not SB or the defendant wins the case?

[nemesis45]

Re: Court claim received

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?

If a claimant believes it has a reasonable chance of success when a claim is to be heard at a considerable distance from its offices they is common for them to instruct a local solicitors off to represent them, don't rely on them not being represented carts!

nem

[FlamingParrot]

Re: Court claim received

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?

Luckily most cases are heard in the defendant's local court. :grin: I very much doubt they'll turn up, *IF* the case gets that far.

[carts69]

Re: Court claim received

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?

[carts69]

Re: Court claim received

Ok, thanks for the info FP.

[FlamingParrot]

Re: Court claim received

Ok, thank you for that! So what happens now, are any more letters needing to be sent or is it a case of waiting to hear from the court?

No need for further letters at this point since they've not disproved the fact the debt is SBd which is the main issue here. :grin:

The court will give directions to both sides and they'll have to provide the documents they intend to rely on at least 14 days before the hearing. They've provided the agreement but they'll need evidence that the debt is not SBd if they are taking this anywhere.

[carts69]

Re: Court claim received

Ok, thank you for that! So what happens now, are any more letters needing to be sent or is it a case of waiting to hear from the court?

[FlamingParrot]

Re: Court claim received

Looks like the agreement has all the prescribed terms and is from 2009 so even if it didn't, the court would still be at liberty to enforce it. However, there's still the SBd angle to look at, the agreement doesn't prove or disprove that fact and SBd is an absolute defence even with a proper credit agreement. :thumb:

If you stated in your defence that the debt is SBd, the burden of proof is on the claimant to show it isn't. If they've not provided anything to that effect, then the fact they've supplied what looks like an enforceable agreement doesn't change anything. :grin:

[FlamingParrot]

Re: Court claim received

No longer at that address, regarding my name...is it not advisable to show this?

Not really, not that you've got anything to hide, and anything we suggest here would be within the law, however, it's best not to post up your name on open forums for many reasons. For example, I use an assumed name even though I'm not posting about my own stuff and the people who run this site all know me, etc. it's still best not to reveal your name to the world so to speak. :censored: