Just a quick update....sent witness statement to Bryan Carter and court a few days ago. Today received letter from Bryan Carter, it was a 'notice of discontinuance'. Thanks Dx and Sidewinder for the help/info when I needed it....much appreciated!!!

Thanks Dx Will get witness statement sorted now and see if Bryan Carter send theirs...thanks again!!! Ryan.

Thankyou Sidewinder & Dx, Common sense was saying Defendant, but I'm no expert in law so was getting proper confused. Will amend in my witness statement. Also thanks for the line breaks, tried to format last night but no joy...much appreciated! And yes, I've had court dates through(next month). I said no to mediation because the debt is statute barred in my opinion. I do have paperwork over the 6 year period to show debt amount hasn't changed, so I'm thinking the only route Bryan Carter/Lowell's have is to make out I've had contact with them in the 6 year period, which I haven't. I do have one more question though, as the debt is an overdraft, some of my research says that it's not covered by section 5 of the limitation act but actually by section 6(3) instead. Was thinking of changing the wording in para 2 of my defence to 'provisions of section 6(3) of the limitation act 1980' instead of section 5, what do you think?

Hi there, I'm about to go to court (coming month) against Lowell's/Bryan Carter for an old overdraft debt that is statute barred. I filed my defence in a hurry a while back. But in now re-reading it I just need to check it makes sense. Defence is as follows: 1 The Claimant's claim was issued on xxxxx. 2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 3 The Claimant's claim to be entitled to payment of £xxxxxx or any other sum, or relief of any kind is denied. The part that's confusing me is the first line of para 2. Checking through a number of forums I've found that it seems to be written a number of ways? 'The Claimant contends that the Claimant's claim so issued...' 'The Defendant contends that the Claimant's claim so issued...' 'The Claimant's defendant contends that the Claimant's claim so issued...' Can anyone please clarify which is correct? Or are all correct? Getting a bit muddled because that starting sentence seems to make the paragraph make sense. Thanks,Ryan