Debt Court in March - please help

[Dorsetbabe]

Hello I'm struggling so much and I'm hoping someone here will help me.
In February 2009 we moved house and we notified all companies of our new address. I can't prove sending the letter unfortunately. The company taking my husband to court didn't send statements to our new address and after our payment in February 2009 of £150 we didn't make anymore payments - rightly or wrongly we prioritised the companies who kept in touch.

We received notice of court proceedings in July 2015 and I sent the claim form back straight away advising disputing as statute barred and requesting from the company proof of debt. I also sent a letter to the company with a Postal Order which in their latest letter they confirmed the saw on the 21st August 2015.

We received in November 2015 'Notice of Allocation of Small Claims Track (hearing)' advising us of a court date on the 15th March 2016 and included note to both parties about small claims mediation. As we hadn't received proof of debt or any correspondance from the company since we asked in August 2015 we didn't respond, thinking the company had withdrawn.

Last week we finally received paperwork from the company. In the statements they show our last payment on the 18th February 2009 for £150 but they are alleging there was a further payment of £2.50 on the 29th July 2009 and they started court proceeding on the 1st July 2015.

We didn't make that payment. There are also a few other payment anomolies but they are not showing up on the balance.

I would like to ask the company for proof of payment but as they have left it so late to send me this information I don't know what to do. I've just read the information the court sent in November and I need to have all relevant paperwork to them by next week 5th February 2016.

There is also the issue of my husbands mental health. He attempted suicide in December 2015 and was sectioned for a while and I know he won't cope with going to court.

Please help.

[Nibbler]

Re: Debt Court in March - please help

So is that £2.50 payment on the statements? Any indication what is was and how it was made?

@Amethyst @nemesis45 can likely help with the legal side on forcing them to stump up proof if they wish to rely on it.

[Dorsetbabe]

Re: Debt Court in March - please help

Yes it says payment received thank you 29/07/09. We didn't make that payment as we hadn't received the statements - they all show our old address and why would we pay £2.50 when the interest alone is over £56 and a min payment of £340.92. We have checked our bank statements and nothing is showing on there.

[Dorsetbabe]

Re: Debt Court in March - please help

There are also these on the summary of account 'last months payments and credits'
statement date 04/06/2009 £12
statement date 06/07/2009 £12
Statement date 07/09/2009 £7.66
Statement date 06/10/2009 £12
Statement date 05/11/2009 £12
There are no more statements sent after that
All these payments and credits are not showing as actual transaction payments and credits and non of these we have paid so I am assuming they are internal adjustments- which makes me think they have added the £2.50 payment but how to prove it? Does that make sense?? ��

[Nibbler]

Re: Debt Court in March - please help

Should be some help on later I hope to sort out the court procedure side on how you can contest what they claim was paid.

[Dorsetbabe]

Re: Debt Court in March - please help

Thank you

[nemesis45]

Re: Debt Court in March - please help

So is that £2.50 payment on the statements? Any indication what is was and how it was made?

@Amethyst @nemesis45 can likely help with the legal side on forcing them to stump up proof if they wish to rely on it.

Thanks [MENTION=1508]Nibbler[/MENTION] nem

[nemesis45]

Re: Debt Court in March - please help

Good afternoon,

Just been reading the thread details please.

What type of account is this?
Who has issued the claim?
Is it a regulated consumer credit agreement? Credit Card Store Card?

nem

[Dorsetbabe]

Re: Debt Court in March - please help

Firstly, thank you for responding. This one is a Credit Card and Lowell Portfolio Ltd are the claimant. Original date on agreement is October 2006, the height of the credit boom, ☹. I hope that helps.

[Amethyst]

Re: Debt Court in March - please help

Hiya xxx

On top of Nemesis's questions can you tell us how much the claim is for please?

And what is the current status of the claim in court ? It should be stayed as it has been a long time ( over 6 months) since it was issued - so it might be worth you giving the court a call and checking with them.

If it is stayed the claimant will have to apply to the court to lift the stay.

With regards the statute barring, the onus of proof is on the claimant to evidence that the debt is not statute barred - not on you to prove it is. They believe that this statement they have produced satisfies the court that the debt isn't statute barred. It doesn't. If you contest that these payments are genuine they will need to demonstrate to the court by what method the payments were made and by whom, and where the payments were made to.

HOWEVER it is wise to try and get hold of you own bank statements from the time of these alledged payments - memories sometimes go on a wonk and get years muddled up so it is really best to double check you didn't make the payments. It also helps to get copies to help show the court that you do not beleive those payments were made.

I also sent a letter to the company with a Postal Order which in their latest letter they confirmed the saw on the 21st August 2015.

Was that a CCA request and Postal order for £1 for a copy of the original agreement?

Your husbands health has to come first in this and if fighting the court action is going to be too much then you can make an offer to pay by installments ( affordable installments) however I can't say whether that's a good option for you without knowing more about the debt and your circumstances ( do you own your own home, whats the financial position you are in etc )


Sharon
xx

[nemesis45]

Re: Debt Court in March - please help

Firstly, thank you for responding. This one is a Credit Card and Lowell Portfolio Ltd are the claimant. Original date on agreement is October 2006, the height of the credit boom, ☹. I hope that helps.

Ok I Bryan Carter LLP involved or is Lowell's in house solicitors?

Lowell will have to prove the " mystery " payment One of their favourite ploys when told a debt is statute barred.

It seems you made a CCA request for the agreement £1 postal order included, did you receive the agreement? (Important)
nem

[Dorsetbabe]

Re: Debt Court in March - please help

Ok I Bryan Carter LLP involved or is Lowell's in house solicitors?

Lowell will have to prove the " mystery " payment One of their favourite ploys when told a debt is statute barred.

It seems you made a CCA request for the agreement £1 postal order included, did you receive the agreement? (Important)
nem

The statement sent says the witness is Legal Administrator of Bryan Carter Solicitors LLP.

We sent the Postal Order and request for CCA which they said they received in August 2015 but didn't send us proof until last week, January 2016

[nemesis45]

Re: Debt Court in March - please help

The statement sent says the witness is Legal Administrator of Bryan Carter Solicitors LLP.

We sent the Postal Order and request for CCA which they said they received in August 2015 but didn't send us proof until last week, January 2016

What have you received can you post copies Carter/Lowell are not to be trusted the witness statements are often flawed.

nem

[Dorsetbabe]

Re: Debt Court in March - please help

Hiya xxx

On top of Nemesis's questions can you tell us how much the claim is for please?

And what is the current status of the claim in court ? It should be stayed as it has been a long time ( over 6 months) since it was issued - so it might be worth you giving the court a call and checking with them.

If it is stayed the claimant will have to apply to the court to lift the stay.

With regards the statute barring, the onus of proof is on the claimant to evidence that the debt is not statute barred - not on you to prove it is. They believe that this statement they have produced satisfies the court that the debt isn't statute barred. It doesn't. If you contest that these payments are genuine they will need to demonstrate to the court by what method the payments were made and by whom, and where the payments were made to.

HOWEVER it is wise to try and get hold of you own bank statements from the time of these alledged payments - memories sometimes go on a wonk and get years muddled up so it is really best to double check you didn't make the payments. It also helps to get copies to help show the court that you do not beleive those payments were made.




Was that a CCA request and Postal order for £1 for a copy of the original agreement?

Your husbands health has to come first in this and if fighting the court action is going to be too much then you can make an offer to pay by installments ( affordable installments) however I can't say whether that's a good option for you without knowing more about the debt and your circumstances ( do you own your own home, whats the financial position you are in etc )


Sharon
xx

tThank you Sharon.. CCA request and Postal Order sent and their latest correspondence dated 20/01/16 acknowledged they received it in August 2015. The court acknowledged they received their copy in July of last year. The following correspondence in August from Bryan Carter/Lowell didn't mention the request at all just asking us to make payments. They also sent Notice of Transfer of Proceedings to court, dated 7/09/15- still not sending us proof or acknowledging our letter at that time.

- - - Updated - - -

I have checked my bank statements for that period and no payments made to them. No transactions for £2.50 at all...

[Dorsetbabe]

Re: Debt Court in March - please help

What have you received can you post copies Carter/Lowell are not to be trusted the witness statements are often flawed.

nem

I can post copy of their witness statement.. I'm using my pad how do I get it on here?