It was struck out due to non-attendance by the claimants/claimants representative. However, I believe that this was either deliberate to avoid costs because they believed they would lose, or a technical oversight - the original solicitors BC was changed last month to Lowell Solicitors and the original Witness Statement and letter from BC stated that they would not be attending and they did not think to re confirm non attendance....I'll live in the world where my case was so good they weren't going to win anyway

Thanks DX, And to Andy and all of the other moderators and members who assisted in helping me to this stage. I wont go into details at the minute, but I am delighted and relieved in equal measure. This also puts the account clearly into SB territory so even if they decided to come back at me they could not get the case opened. Does the SB issue in any way hamper my potential claim for PPI?

**UPDATE** Case struck out. Can I now ask advice regarding PPI owing on this account - am I able to claim it back? Thanks

not heard anything yet but assume I will get something through in the next few days. Judge did say that it would be at least 6 wks from then before a new date.

Do I await a new date in court or do I compile this now and send it in, with a copy to BC? Thanks

Hi Folks, Well today was ok, managed to get through the meeting with the judge without pooing myself. The claim has been adjourned for a further period subject to new evidence submitted. I have to submit a further witness statement in support of my contentions that the claim is statute barred. Kinda mixed feelings, but pleased that it wasnt the slam dunk that BC believed it would be when communicating with me and the courts. NDY.

Andy, have pm you with an update. Thanks NDY.

Andy, is it possible to speak with you off the record so to speak? I really would rather not post up on the open forum but I would appreciate being able to ask a question privately. Thanks.

Yes, the court have everything

disclosure? I fear I'm too dim to be doing this job

I have made a statement to the court reference my belief that the debt is statute barred - is that what you mean? I have done so and the court/judge has filed my statement awaiting the hearing.

lowell/bryan carter - sorry DX i have CAP1 in my head as the name of the debt and it doesn't matter who owns it now, all I can think of is what the debt means to me in my head. took me a minute to realise why you were questioning it

Thanks Andy, I'm just going through all my paperwork and making copies of anything relevant that I may have sent them. Fingers Crossed!

they argue that I entered the agreement with card number etc referencing the agreement exhibited, yet what they exhibit is the signed application form. hey state that I last made payment to the account 2/2010, yet as far as I'm aware any payments made to them after 4/2009 were £1 cheques sent with CCA request letters as that is all I can find in my paperwork, which is very sketchy from mid 2009 onwards. They laterally state that I do not deny I entered into an agreement with CAP1 (which I do) and that I have no valid defence. They submit that I do not have a valid defence and that they are therefore awarded full claim plus costs of 50p per day, plus court costs of £350.

the witness statement is 3 pages long - what exactly is it I should be looking at?