Is debt statute barred, court claim issued!

[Nicki1906]

Re: Mediation want my claim to go to court!

I think I've got them all ... @Nicki1906 can you let me know if any of your other threads are needing to be merged?? xx

[MENTION=49370]Kati[/MENTION] yes thank you, I think all of the threads have been merged, not sure why when I posted the update to the thread it didn't show in the list of posts on the main forum though, it's almost like it just got lost...an as I hadn't any response also made me think it hasn't shown up 🙄😳😕

[Kati]

Re: Mediation want my claim to go to court!

@Kati yes thank you, I think all of the threads have been merged, not sure why when I posted the update to the thread it didn't show in the list of posts on the main forum though, it's almost like it just got lost...an as I hadn't any response also made me think it hasn't shown up 

no problem :yo:

If you ever lose the thread again, it will show on YOUR profile under "started threads" (on the left hand side xx

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Just a follow up, the court have now written to me saying they have received instruction to hear my case........i still have had no documents from Lowell or BW Legal this was requested back in February even though they said they were going to contact the original creditor (HSBC Bank) for this information, so i don't know if i should chase them again, or do i let it go to court and then tell the court they have failed to provide me with the requested information?

[nemesis45]

Re: Is debt statute barred, court claim issued!

Just a follow up, the court have now written to me saying they have received instruction to hear my case........i still have had no documents from Lowell or BW Legal this was requested back in February even though they said they were going to contact the original creditor (HSBC Bank) for this information, so i don't know if i should chase them again, or do i let it go to court and then tell the court they have failed to provide me with the requested information?

No don't chase the CCA request non compliance means the debt is unenforceable until the agreement is found.

nme

[Nicki1906]

Re: Is debt statute barred, court claim issued!

No don't chase the CCA request non compliance means the debt is unenforceable until the agreement is found.

nme

Are Lowell hoping I'm not going to defend this to the end then, I can't believe I'm going to have to go court, I really don't understand If they cant produce the CCA etc that they would let it go this far.....I am going to lose a day's pay to go to court, so if they cannot produce the documents by the time it gets to court what will happen?

[MIKE770]

Re: Is debt statute barred, court claim issued!

They may discontinue if no CCA1974 usually at the last minute, their move now?

[Nicki1906]

Re: Is debt statute barred, court claim issued!

thank you for responding, I've just been talking to a friend about this an they think they'll pull out too, I am amazed they've still carried it on!!

[nemesis45]

Re: Is debt statute barred, court claim issued!

Are Lowell hoping I'm not going to defend this to the end then, I can't believe I'm going to have to go court, I really don't understand If they cant produce the CCA etc that they would let it go this far.....I am going to lose a day's pay to go to court, so if they cannot produce the documents by the time it gets to court what will happen?

Yes exactly that!!

A great proportion of claims made by debt purchasers go to judgement by default as debtors ignore claims of don't carry through the process after acknowledging a claim..

Many will take up a " discount " offer, go to mediation and agree to a Consent Order for making payments.

What we see here is the tiny tip of a very large iceberg.

If the claimant does not respond to a defence within 28 days of receiving it the court will stay the claim and the claimant will have to pay a fee to have the stay lifted.

Note: You will not be notified if the claim is stayed so you must check with the court at the end of the period to check the status of the claim.

nem

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Yes exactly that!!

A great proportion of claims made by debt purchasers go to judgement by default as debtors ignore claims of don't carry through the process after acknowledging a claim..

Many will take up a " discount " offer, go to mediation and agree to a Consent Order for making payments.

What we see here is the tiny tip of a very large iceberg.

If the claimant does not respond to a defence within 28 days of receiving it the court will stay the claim and the claimant will have to pay a fee to have the stay lifted.

Note: You will not be notified if the claim is stayed so you must check with the court at the end of the period to check the status of the claim.

nem

Thank you Nem

Just feel daunted at the thought of having to go to court, not knowing what to expect and what documents I need to take with me, if any?

I do keep hoping that I'll get a letter saying they are withdrawing their claim, perhaps I am hoping a bit much!!

[nemesis45]

Re: Is debt statute barred, court claim issued!

Thank you Nem

Just feel daunted at the thought of having to go to court, not knowing what to expect and what documents I need to take with me, if any?

I do keep hoping that I'll get a letter saying they are withdrawing their claim, perhaps I am hoping a bit much!!

We can assist through all the stages so keep us up to date!!

nem

[Nicki1906]

Re: Is debt statute barred, court claim issued!

We can assist through all the stages so keep us up to date!!

nem

Thank you again Nem, I'll update when I hear back from the court with a date, not sure how long it normally takes, they wrote to me on 11th April saying it was being passed for case management hearing.

[Nicki1906]

Re: Is debt statute barred, court claim issued!

I've been away from home for a week and got back to a letter from the court.

Notice of Allocation to the Small Claim Track (Hearing)

The hearing will take place 21st June 10am it says the claimant has to pay a hearing fee of £170 by 31st May, failure to pay will result in the hearing being removed.

8th May the district judge considered the papers in the case and ordered that the claim is allocated to the small claims track. From the papers available the hearing will take 1 hour!!

the parties are encouraged to try to settle the case by negotiation, and encouraged to contact each other with a view to trying to settle the case or narrow the issues.

Each party must deliver to the other party and to the court office copies of documents on which that party intends to rely at the hearing no later than 14 days before the hearing.

The original documents must be brought to the hearing.

the judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this order.

the documents to be sent to the other party and the court must include the statements of all witnesses (including the parties themselves)

Witness statement to be provided.


I have no idea what i should do next, i am assuming a witness statement is a list of the facts as they stand? I still have had no paperwork from Lowell with the original CCA for the credit card, you may recall from the start of this farce when they replied to my request they tried to say i was requesting information for an old O2 phone debt (balance £0) in another letter they state they are contacting HSBC for the paperwork and this may take some time......this was at the beginning of February, how can they think that their actions are lawful, it seems to me that they are suddenly going to pop up with the information i require at the last minute ie/ the 14 days prior to the court date.

Sorry for the long winded questions etc, i am worried about all of this, should i be trying to contact them again to chase this up, previous advice has been to leave it, then at the point of submitting the info to the court pointing out that information was requested over 3 months ago and has not been provided, or will this just cause the situation to be postponed?

Thank you in advance

[nemesis45]

Re: Is debt statute barred, court claim issued!

Ok let's everything clear:
As of todays date :

Original Creditor is O2. or possibly HSBC?

What does it state on the claim for in regard to original creditor?

Lowell is the claimant.

BW Legal is the solicitor.

The claimant has not produced and agreement?

BW have not complied with CPR 31.14?

Lastly your reasons for believing the alleged debt is statute barred?

This info will help build a witness statement for you.

nem

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Ok let's everything clear:
As of todays date :

Original Creditor is O2. or possibly HSBC?

What does it state on the claim for in regard to original creditor?

Lowell is the claimant.

BW Legal is the solicitor.

The claimant has not produced and agreement?

BW have not complied with CPR 31.14?

Lastly your reasons for believing the alleged debt is statute barred?

This info will help build a witness statement for you.

nem

Hi Nem,

Yes the creditor is HSBC (credit card) i requested the agreement etc to Lowell, they returned my £1 and said that the debt i was referring to was for o2, (completely difference reference number) and also the postal order was attached to the letter also with the coreect reference, so they are playing silly sods over that, then in the next breath they say they will contact the creditor HSBC for the original paperwork...........still waiting.

So just not sure how to do the witness statement, and i should i be chasing the CCA etc from Lowell, am i supposed to show willing to the court that i have done all in my power to get this info, but they are not playing ball so to speak?

[nemesis45]

Re: Is debt statute barred, court claim issued!

Hi Nem,

Yes the creditor is HSBC (credit card) i requested the agreement etc to Lowell, they returned my £1 and said that the debt i was referring to was for o2, (completely difference reference number) and also the postal order was attached to the letter also with the coreect reference, so they are playing silly sods over that, then in the next breath they say they will contact the creditor HSBC for the original paperwork...........still waiting.

So just not sure how to do the witness statement, and i should i be chasing the CCA etc from Lowell, am i supposed to show willing to the court that i have done all in my power to get this info, but they are not playing ball so to speak?

Ok When is the WS due?

It is as you say the story of the events leading up to the claim.
All this messing with who the creditor was ( all the letters should be attached and indexed in the WS.

No don't chase Lowell you've done your bit here.

So write here in Chronological order, what has been sent by you what you have received in reply etc. Get everything in one place the it will be easier to write the WS.

nem