Safari V Lowell on staute barred? overdraft

[charitynjw]

Re: Safari V Lowell on staute barred? overdraft

hi all,

with tegards to this clami I have still not recieved any documents from Lowell or BW in relation to this claim which I requested in February. I have had a letter from the court saying this is now getting allocated to the small claims track. I would really appreciate some help with what my actions should be:

Ideally My priority is to avoid a CCJ, do I cut my losses now and ask for a Tomlin order? Or wait to see if they come up with any documentation? What is the latest point I can back out and request an out of court tomlin order?

thankyou

With reference to your previous post, have mediation contacted you yet?

[safari]

Re: Safari V Lowell on staute barred? overdraft

Yes and the date was for my wedding day I emailed to ask if could rearrange they said no and then allocated it small claims!

[safari]

Re: Safari V Lowell on staute barred? overdraft

I have now recorded a date for the small claims track in August.

Aside from this I really want to avoid a CCJ.
Firstly I have not received any information in relation to my requests in February. although this is an overdraft because in my defence I have stated statute barred they should try and prove that it isn't so I don't know if they have any information and they are not sharing with me and will turn up to court with it or if they don't have it?

secondly how do I go about asking bw legal for a tomlin order?

Do do I approach with I believe it's statute barred but I'd like to set up a payment plan now if they remove the claim?

- - - Updated - - -

At help would be greatly appreciated!

Thank you!

[nemesis45]

Re: Safari V Lowell on staute barred? overdraft

I have now recorded a date for the small claims track in August.

Aside from this I really want to avoid a CCJ.
Firstly I have not received any information in relation to my requests in February. although this is an overdraft because in my defence I have stated statute barred they should try and prove that it isn't so I don't know if they have any information and they are not sharing with me and will turn up to court with it or if they don't have it?

secondly how do I go about asking bw legal for a tomlin order?

Do do I approach with I believe it's statute barred but I'd like to set up a payment plan now if they remove the claim?

- - - Updated - - -

At help would be greatly appreciated!

Thank you!

Hello Safari,

Yes the onus of proof that the alleged debt is not statute barred falls upon the claimant, but the court will expect you to be able to " backup " your statement so, you need to get relevant dates/statements hopefully showing the last transaction (s) made on the account, the date the OD was " called in" , Final Demand for Immediate Repayment of the full outstanding balance.

nem

[Amethyst]

Re: Safari V Lowell on staute barred? overdraft

Do you have a date for exchanging witness statements on the hearing date order?

Personally I would wait for that - thus far the claimants have not provided any information to you, and have not confirmed whether this is an overdraft or other product. Put your witness statement in on time ( which will say basically the same as your defence ) - if they submit their witness statement along with all the relevant documents and evidence it is not statute barred then you can make an offer / negotiate at that stage.


The benefit of negotiating a Tomlin Order now is you may be able to get a good discount on the debt before they expend money on writing & filing Witness statements, and paying the hearing fee ( have you checked with court whether they have done so yet?). It would be a matter of either speaking to them or writing to them, Without Prejudice, with a draft of your proposed order.


CONGRATULATIONS btw xxx

[safari]

Re: Safari V Lowell on staute barred? overdraft

Amazing, thank you for your help! I have decided to write to them and see what happens!

Emma x

[safari]

Re: Safari V Lowell on staute barred? overdraft

just a little update on the above!

I contacted bw to talk about a tomlin order but they had already paid the court fee and said they will be going ahead with the claim.

I am am now writing my witness statement to send to court as I'm not here on the day of the hearing! I have a couple of questions of there is anyone who may be able to help I would be most greatful!

Firstly I have still received NOTHING in terms of what this debt is for BW said in February they would pass the info on when they get it but have not shared anything with me since.

so am I right in thinking I'll include a copy of my defence
a copy of letters sent and reviewed to/from bw and lowel in respect of the claim. A letter from the exam centre to prove I'm having an exam on this day?
then how do I say I don't know what this is for ? Do I put that I'm still awaiting documents, I don't know what this claim relates to?


im just a bit stuck with how to set it out etc!

Thank you so much for your help this site has been invaluable

[safari]

Re: Safari V Lowell on staute barred? overdraft

Hi there just looking for some advice really re this case. Update: eventually went all the way to court still revived nothing in delta ion to this claim all defence/ documents etc had to be at the court by 11th August still not heard anything since February about the claim I sent my defence off on the 9th to arrive at the court in time they sent documents on the 10th to arrive on the 11th. They also send me all documents which prove that the debt is actually an old student overdraft which was NOT statute barred by 50 days. This is fair enough and there are statements etc, so I have now received a general form of judgement or order which must be paid by 20 September. I have received a letter from bw legal saying I must arrange payment by 5th September, obviously I can't afford the whole amount in one go but I'm prepared to make default payments no problem. Is this classed as a CCJ? And is it fair that I only received information about the debt the day everything had to be sent to court?

any help of where to go from here would be appreciated and I am going to speak with BW legal now!

thanks for all your help