** DISCONTINUED ** Advice needed for court.

[Amethyst]

Re: Advice needed for court.

Okay so they were taking the minimum payment so yes likely to be set off.

It is entirely up to you if you want to include that at this stage. The other side haven't evidenced any payments being made at all and the onus of proof is on them, not you. They seem to be relying on the date of default only ??

WS = Witness Statement.

[pinklily]

Re: Advice needed for court.

The thing I am worried about with leaving it up to them to prove that it isn't SB (I fully believe it is) is that I am worried they will come up with fake documents (I have seen on previous posts that they play dirty) and I am worried about missing an opportunity to prove myself. I have no idea how this works and I find this all terrifying.

If they suddenly "find" some document leading up to the case, can they use it?

And if I take all my documents with me, just incase, Will the judge really ignore them?

I definitely think they relying on the default date.

Ahh, thank you, I can be ditzy at the best of times lol.

Thank you so much for your help.

[Amethyst]

Re: Advice needed for court.

They should put their witness statement in at the same time as you, so you will know their position at that point and I really wouldn't give them any more than you need to at this point. As things stand they need to prove the debt is not statute barred and they need to produce the original agreement.

[pinklily]

Re: Advice needed for court.

Ok, I will hold off on SAR. Thank you so much!

I shall complete the statement you provided (Thank you so much for this!) and send it first class today. Do I need to send them recorded delivery?

[Amethyst]

Re: Advice needed for court.

I would just for your own peace of mind but it isn't essential. One copy to Bryan Carter and one to the Court.

[pinklily]

Re: Advice needed for court.

Ok great! Thanks.

I will update when anything else happens.

[pinklily]

Re: Advice needed for court.

Hi,

I received a letter today from Bryan Carter, was wondering if someone would mind taking a look as I am not sure if it is just a tactic to stop me going to court and resulting in me getting a CCJ by default.
If it is genuine do I need to reply or anything?

Thanks

[MIKE770]

Re: Advice needed for court.

They have run off well done!


That is it, no need to respond but file letters. :tinysmile_twink_t2:


Do not drink too much!!!!!

[Amethyst]

Re: Advice needed for court.

Hi,

I received a letter today from Bryan Carter, was wondering if someone would mind taking a look as I am not sure if it is just a tactic to stop me going to court and resulting in me getting a CCJ by default.
If it is genuine do I need to reply or anything?

Thanks

Well done ! You have won

Just check with the court on Monday that they have received the notice of discontinuance as well, and that should be it all done and dusted

[MIKE770]

Re: Advice needed for court.

You could ring the court and get confirmation they have the letters>

[pinklily]

Re: ** DISCONTINUED ** Advice needed for court.

Hi!

So I phoned the court this afternoon just to check and they said "the court will no longer be dealing with the claim" JESUS!!! :jaw: I am so happy.

Thank you everyone for your help! Without this site I would have ended up with a CCJ! I can't tell you how grateful I am for everyone's advice and help :grouphug: xx

[R0b]

Re: ** DISCONTINUED ** Advice needed for court.

did they discontinue the case before allocation?

[pinklily]

Re: ** DISCONTINUED ** Advice needed for court.

I'm not 100% on what you mean by allocation. (I am rubbish with all of this!)

It was due to go to court on the 15th of December. I sent my witness statement to BC and the court which they recieved on the 16th of November. Then yesterday I recieved the notice of discontinuance and phone court today and double checked.

As previous posters have said I won, and that is because of the help I had from this site x

[R0b]

Re: ** DISCONTINUED ** Advice needed for court.

Sorry, allocation means it has been placed on a certain track - small claims, fast track or multi track.
If you've sent your statement already it would have been allocated already.

[pinklily]

Re: ** DISCONTINUED ** Advice needed for court.

Ah I see. Yes, it was small claims