Bryan Carter: Witness statement Help!

[Angelica]

Re: Bryan Carter: Witness statement Help!

Can you scan or photograph those statements, remove your personal data and post the images here?

When was the last payment made on those statements?


But, before May 2012, when was the last payment made or written acknowledgement made?

If there was a clear gap of six years (when no payments were made) before payments were made in May 2012, then the debt is statute barred by section 5 (link) of the Limitation Act 1980. Moreover, if the debt had become statute barred then, under section 29 (link) it cannot be revived by any subsequent payment. Any acknowledgement other than a payment must, under section 30 (link) be in writing and signed, so words uttered over the electric telephone do not count.

There is no 6 years gap. Thanks

[Gorang]

Re: Bryan Carter: Witness statement Help!

If this is the first hearing date, then can I ask, is there any reason of why it has taken since July until January to get to the first hearing date??
ie have the claimants or you applied for time extensions at all for you to file your defence, or anything like that??

I am confused as to why there is such a big time gap between you filing your defence and them submitting their witness statement and the hearing date

Was their ANYTHING else that has happened in between at all as I suspect that the case has been stayed at some point for some reason by someone (probably them for disclosure of documents) as case do NOT under normal circumstances take over 6 months from date of issue to the first hearing date without the claim being stayed or some sort of application being made to the court by one of the parties

If they have delayed the case in some way, then that could possible help your defence if they have abused the process in any way, but before we can know, we will need to know the dates that everything has happened

Can you give us dates of when everything has happened please???

If you can fill in the dates for us then it will really help us to help you (please put in the correct order if I have the order wrong, also if I have missed anything then please add to the timeline below)

xx/xx/xxxx issue date on the summons
xx/xx/xxxx you made CPR31.14 request
xx/xx/xxxx you filed your defence
xx/xx/xxxx they complied with your request
xx/xx/xxxx they filed their witness statement

[Gorang]

Re: Bryan Carter: Witness statement Help!

This is in their witness statement

'' The claimant nevertherless provided the the defendant with copies of the agreement, T& C's and statement of account on october 31. The claimant considers it has complied with pre action protocol.''

but you are saying you didn't get the documents until they were sent attached to the witness statement ?

Also are they telling porkies in their witness statement??

As Amethyst has pointed out, when they say you got the documents and when you say you got the documents seem to be at different times

Or did you get the witness statement shortly after they gave you the documents??

As you can see why we really need the time line above, so we can get a clearer picture of what has happened and when