I'm after some advice please.
I am in court tomorrow against Lowell solicitors.....
Issue date from the court 18/01/17
Amount approx £2300
Lowell solicitors for Lowell portfolio as the claimant
original creditor is HBOS
particulars of claim.... old bank statements, copies of letters apparently sent to defendant, witness statement (their "solicitor")
I am hoping that someone can advise me.
I found out in September 2016 that I had a ccj against me, issued in 2014. I contacted the courts to find out what it was in relation to. It went back to Lowell who I then contacted. They were unable to give me any information as they said they had no open cases against me. I applied to the court to have the ccj set aside as I didn't know what the alleged debt was for and it was sent to an address I had never live at. It was set aside in November 2016. Then a new date was set for 9th march. In the mean time I have been contacting Lowell to try to get information still as to what the debt was in relation to. They have continued to say that they have no open cases relating to me and that it would not go any further and they still could not give me any info as they did not have any.
The court paperwork states that any documents and evidence had to be served by 4pm on the 24/02/17. I did not receive the witness statement/evidence until 25/02/17. It contains bank statements. I contacted Lowell solicitors as they had served it late and this was the first time I had known what the debt was for. It turns out it is an overdraft and the agreement was formally terminated on or shortly before 23/09/2010.
So, my question is......Lowell solicitors are telling me that it's up to the judge to decide if It is statute barred, regardless of the date because of the original ccj, which was set aside as they had used an address I had never lived at, is he correct?
Does the ccj reset the clock, even though the ccj should never have been issued and I never knew about it?
Please, any advice will be highly appreciated as court is tomorrow and I'm not too sure on what to say and wording to use.
Ive not been able to serve a defence as I didn't know what the debt was for even though I asked many many times and only found out what it was on the 25/02/17.
Will statute barred be enough of a defence?
Thank you so much for your time.
I am in court tomorrow against Lowell solicitors.....
Issue date from the court 18/01/17
Amount approx £2300
Lowell solicitors for Lowell portfolio as the claimant
original creditor is HBOS
particulars of claim.... old bank statements, copies of letters apparently sent to defendant, witness statement (their "solicitor")
I am hoping that someone can advise me.
I found out in September 2016 that I had a ccj against me, issued in 2014. I contacted the courts to find out what it was in relation to. It went back to Lowell who I then contacted. They were unable to give me any information as they said they had no open cases against me. I applied to the court to have the ccj set aside as I didn't know what the alleged debt was for and it was sent to an address I had never live at. It was set aside in November 2016. Then a new date was set for 9th march. In the mean time I have been contacting Lowell to try to get information still as to what the debt was in relation to. They have continued to say that they have no open cases relating to me and that it would not go any further and they still could not give me any info as they did not have any.
The court paperwork states that any documents and evidence had to be served by 4pm on the 24/02/17. I did not receive the witness statement/evidence until 25/02/17. It contains bank statements. I contacted Lowell solicitors as they had served it late and this was the first time I had known what the debt was for. It turns out it is an overdraft and the agreement was formally terminated on or shortly before 23/09/2010.
So, my question is......Lowell solicitors are telling me that it's up to the judge to decide if It is statute barred, regardless of the date because of the original ccj, which was set aside as they had used an address I had never lived at, is he correct?
Does the ccj reset the clock, even though the ccj should never have been issued and I never knew about it?
Please, any advice will be highly appreciated as court is tomorrow and I'm not too sure on what to say and wording to use.
Ive not been able to serve a defence as I didn't know what the debt was for even though I asked many many times and only found out what it was on the 25/02/17.
Will statute barred be enough of a defence?
Thank you so much for your time.
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