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Hi All,
Okay brief summary,
Under directions it states the following
"THE PARTIES SHALL SEND THE COURT AND EACH OTHER 'NO LATER THAN 14 DAYS BEFORE THE HEARING' ANY WRITTEN STATEMENTS OF EVIDENCE OF THEMSELVES AND ANY OTHER WITNESSES WHOSE EVIDENCE IS RELIED ON IN SUPPORT OF THE CLAIM' AND ANY DOCUMENTS WHICH THEY PROPOSE TO RELY ON AT THE HEARING. IT IS OF UTMOST IMPORTANCE THAT THE PARTIES DO COMPLY WITH THIS DIRECTION, OTHERWISE THE COURT WILL CONSIDER WHETHER THE CLAIM OF A CLAIMANT WHO HAS NOT COMPLIED SHOULD BE STRUCK OUT OR A DEFENCE WHO HAS NOT COMPLIED SHOULD BE STRUCK OUT. THERE IS ALSO A RISK OF THE HEARING HAVING TO BE ADJOURNED AND THE PARTY AT FAULT PAYING THE COSTS RELATED TO THIS AS A RESULT"
Now I calculate this date as being tomorrow, I myself have not submitted a defense as it was going to be on the back of any evidence that Carter was to provide over this debt being valid, being that they have had near three months since issuing the court proceedings to prove the debt exists where do we go from here?
I cannot defend something that may not even exist but the court is wanting a defense of some sort from me, do I send something in to cover myself or do I just sit quiet and hope that Carter hang themselves by not following the court directions?
Okay brief summary,
- In November I got a claim form from Bryan Carter on behalf of Lowell for an alleged Lloyds TSB overdraft for £1,344.
- I filled a defense to the claim saying I do not acknowledge the debt and that I request proof from Carters that the debt even exists.
- I personally chased Carter up for this by e-mail numerous times who for the last two months have told me they are waiting on information from their client and will revert back in due course.
- It then turns out that Lowell don't actually deal with the debt (Even though they are on the court papers) and that it is in fact Freds International who hold the debt.
- Fast forward to January and still no sign of any evidence this debt even exists other than an e-mail from Carters saying 'I would have had proof about this in the past' and that them requesting this information again was almost like they were doing me a favour lol.
- Defense was accepted by the court and the claim progressed firstly to mediation stage, which I had to decline as Lowell still didn't provide me with evidence of the debt.
- I receive a letter on 8th Feb saying it's been passed to my local court for a hearing date of 8th March...
Under directions it states the following
"THE PARTIES SHALL SEND THE COURT AND EACH OTHER 'NO LATER THAN 14 DAYS BEFORE THE HEARING' ANY WRITTEN STATEMENTS OF EVIDENCE OF THEMSELVES AND ANY OTHER WITNESSES WHOSE EVIDENCE IS RELIED ON IN SUPPORT OF THE CLAIM' AND ANY DOCUMENTS WHICH THEY PROPOSE TO RELY ON AT THE HEARING. IT IS OF UTMOST IMPORTANCE THAT THE PARTIES DO COMPLY WITH THIS DIRECTION, OTHERWISE THE COURT WILL CONSIDER WHETHER THE CLAIM OF A CLAIMANT WHO HAS NOT COMPLIED SHOULD BE STRUCK OUT OR A DEFENCE WHO HAS NOT COMPLIED SHOULD BE STRUCK OUT. THERE IS ALSO A RISK OF THE HEARING HAVING TO BE ADJOURNED AND THE PARTY AT FAULT PAYING THE COSTS RELATED TO THIS AS A RESULT"
Now I calculate this date as being tomorrow, I myself have not submitted a defense as it was going to be on the back of any evidence that Carter was to provide over this debt being valid, being that they have had near three months since issuing the court proceedings to prove the debt exists where do we go from here?
I cannot defend something that may not even exist but the court is wanting a defense of some sort from me, do I send something in to cover myself or do I just sit quiet and hope that Carter hang themselves by not following the court directions?
xx
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