I'm in the process of defending a claim from Lowell and have now reached the point where the mediation service has contacted me asking three questions. Part of my defence of this claim is that I have not received all the requested documentation as per my pre action conduct letter and that the claim is also statute barred.
My statute barred defence is tenuous because it is not clear when my account went into default, as I do not have a copy of the original terms and conditions nor do I have a copy of the default notice. Lowell have responded to my claim that it's statute barred by simply saying "no it's not" you defaulted on this date, but there is no proof of that. I could have defaulted at any point over the course of 5 months.
Question 2 from the mediation service is "I can confirm that I have enough information about the claim to allow me to enter negotiations and that I do not require any further evidence from the other party before i can mediate"
Now I don't actually have the information I need to prove that this is statute barred nor have lowell provided the documentation requested to prove that it's not, can I in good faith answer no to this question or is it still wise to enter mediation. I know that the courts prefer mediation to have taken place before a hearing but I'm not sure what to do at this juncture.
My statute barred defence is tenuous because it is not clear when my account went into default, as I do not have a copy of the original terms and conditions nor do I have a copy of the default notice. Lowell have responded to my claim that it's statute barred by simply saying "no it's not" you defaulted on this date, but there is no proof of that. I could have defaulted at any point over the course of 5 months.
Question 2 from the mediation service is "I can confirm that I have enough information about the claim to allow me to enter negotiations and that I do not require any further evidence from the other party before i can mediate"
Now I don't actually have the information I need to prove that this is statute barred nor have lowell provided the documentation requested to prove that it's not, can I in good faith answer no to this question or is it still wise to enter mediation. I know that the courts prefer mediation to have taken place before a hearing but I'm not sure what to do at this juncture.
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