set aside advice please

[echat11]

Hi echat11
Thanks so much for your reply. I will write the above and see what they reply. Should I say I will be amending my defence. And should I put in a new defence now
Also I need to fill in the directions questionnaire.
Do I say it is suitable for a determination without a hearing or not please
Thanks

a) I will write the above and see what they reply.

That's a good idea.

b) Should I say I will be amending my defence. And should I put in a new defence now.

You can write something along the lines of 'I await your confirmation that all three accounts are statute barred, once you have confirmed that I will amend my defence accordingly.'

c) Also I need to fill in the directions questionnaire.

Yes you do (providing you've received all the requested documents from them,) you can request mediation, fill it in carefully. Make sure you send a copy to the Court and their solicitors, make sure you get Proof of Postage for both.


d) Do I say it is suitable for a determination without a hearing or not please

That really is upto you, my advise would be to have the Hearing, simply because you have some control over the matter.

[eire13]

Hi echat11

Thanks so much for your reply.
I have had good news in the meantime. Overdales have written back and they have agreed all 3 debts are statute barred. They have filed a notice of discontinuence with the court. They have confirmed the matter is now closed. I am very happy for all your help
I am annoyed they probably knew that the debts were statute barred. It has caused a lot of stress and anxiety.
I am very grateful to yourself and others who replied for your help.

[MIKE770]

Hi echat11

Thanks so much for your reply.
I have had good news in the meantime. Overdales have written back and they have agreed all 3 debts are statute barred. They have filed a notice of discontinuence with the court. They have confirmed the matter is now closed. I am very happy for all your help
I am annoyed they probably knew that the debts were statute barred. It has caused a lot of stress and anxiety.
I am very grateful to yourself and others who replied for your help.

THat is how they operate border line to fraudulant claims.

[DE DOGS]

Compensation claim possible ?.

[echat11]

Compensation claim possible ?.

Well done (Ref post 32), that's good news. As De Dogs says, wait until thinks has settled down, sorted out.
Lodge a formal complaint with the creditor, they have 8 weeks to respond, tell them you seek compensation for the stress caused, the claims should never have been, because they know they are statute barred. Explain that you will lodge complaints with the FOS, FCA and others. See what they come back with.

[eire13]

Hi echat11

Thanks for your reply. When you say creditor do you mean Lowell's which was who the debts were with.
Also is there any help or template for the wording of the letter please.
I will do that as I definitely could have done without all the stress.
Thanks so much for your help

[echat11]

Hi echat11

Thanks for your reply. When you say creditor do you mean Lowell's which was who the debts were with.
Also is there any help or template for the wording of the letter please.
I will do that as I definitely could have done without all the stress.
Thanks so much for your help

Lowell's is the Creditor they knew the debts were statuted barred, but still took the matter to Court.

Just write something along the lines of -

Dear Sir / Madam

Thank you for the discontinuance of the case against me.

The Court Claim against me was made by Lowell's with the full knowledge that the claim is statuted barred.

Lowell's provided all the information dates, payments etc which shows the claim is statuted barred.

As you will understand this has caused me considerable stress and anxiety for which I now seek compensation from Lowell's.

If I am unable to resolve my complaint, I will lodge a complaint with the Financial Ombudsman Service.

I look forward to hearing from you.

Yours faithfully

XXXXXXXXX

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