**DISCONTINUED** - Annie62 v CABOT

[Mineral1]

Re: Annie62 v Lowell

They have to produce something that categorically proves YOU made a payment. Simply producing a £10 'cash' payment out of nowhere from 25th December 2010 (honest) won't cut it.
You deny everything and you stick to your guns and they will scuttle off. Remember if in doubt deny...
Go and give em a kick up their bottom line

[annie62]

Re: Annie62 v Lowell

haha thanks will do keep all crossed for me will let you know what happens :santa_smiley:

[debs65]

Re: Annie62 v Lowell

similar position. statute barred debt and lowell solicitors claiming I made a £1 payment in 2009!(was a£1 p.o. for cca to one of their partners as debt been passed from pillar to post). nothing on my credit file and lowell solicitors doing same to me. got me ill xx

[missparker]

Re: Annie62 v Lowell

you must show willing to mediation,

sorry but if it is SB why on earth would you show willing to mediation. it is SB no need to mediate you are not obliged to pay it, end of mediation.

[missparker]

Re: Annie62 v Lowell

similar position. statute barred debt and lowell solicitors claiming I made a £1 payment in 2009!(was a£1 p.o. for cca to one of their partners as debt been passed from pillar to post). nothing on my credit file and lowell solicitors doing same to me. got me ill xx

lowell are doing this with a lot of their debt's at the moment, stick to your guns and continue to say it is Sb.
another trick they are pulling is to say it isn't SB as the default date was later than your last payment? again this is wrong argue the difference and stand your ground.
e

[cymruambyth]

Re: Annie62 v Lowell

sorry but if it is SB why on earth would you show willing to mediation. it is SB no need to mediate you are not obliged to pay it, end of mediation.

I agree with this; there is nothing to mediate, SB is a defence. The one thing they may try is that if you have requested a CCA or SAR they may have offset this against your account. This is a game of poker and they are hoping you will cave in. Don't.

[FlamingParrot]

Re: Annie62 v Lowell

sorry but if it is SB why on earth would you show willing to mediation. it is SB no need to mediate you are not obliged to pay it, end of mediation.

Mediation is not compulsory, it's mentioned on the directions questionnaire which is a standard document because there are cases where it could be useful, however, just because it's on there it doesn't mean you have to go through it.

[annie62]

Re: Annie62 v Lowell

:santa_wink: I have decided not to go for mediation as I have gone right through my credit report and there is no sign of anything on there to do with this what so ever so I will be sticking to my gums on this being sb and as you say they will need to come up with proof that its not which they will find very hard from what I can now make out.If I,m wrong please say so but have now posted court papers back lol :santa_wink:

[debs65]

Re: Annie62 v Lowell

good luck Annie62! nothing on my credit report either x

[annie62]

Re: Annie62 v Lowell

Good luck to you to :santa_smiley:

[MissFM]

Re: Annie62 v Lowell

If you are absolutely certain that the debt is time barred (statute barred) then that is an absolute defence, they have no right to pursue you for the debt and there is no point in mediating (nothing to mediate) as said above.

Happy New Year!

[debs65]

Re: Annie62 v Lowell

it will be happy if we sort out these @***@** x

[annie62]

Re: Annie62 v Lowell

:beagle:Hi all please could you tell me what I need to do next ? I have now had the copy of cabots/wright hassal,s question air back and they are still trying to go to court on this even though this is statute barred and there is nothing on my credit file.They have sent no proof that I have paid anything on this or that I have even talked to them or anyone else on this matter.This is over 8/9 years old so could someone please tell me what to do next as I said they have never sent me any proof regarding this matter what so ever.PLEASE PLEASE HELP thank you so much

[Amethyst]

Re: Annie62 v Lowell

They will push it as far as they can.

Very difficult to prepare in advance to evidence you didn't do something like make a payment, so if the court once this is allocated doesn't order they prove your last payment then you can ask for proof as soon as they come up with some random 2010 payment, which seems to be the way they go. If you did have bank statements from over the period then that would be handy but I wouldn't be going out of your way to get hold of them.

[nemesis45]

Re: Annie62 v Lowell

The onus of proving the debt is not statute barred falls entirely upon the claimant, unequivocal proof of any alleged payment must be insisted upon.