Wescott Stat Barred Claim issued ** *CLAIM WITHDRAWN***

[DCam]

The excel spreadsheet provided suggests that they issued court proceedings just before the 6 years were up, so as far as I can tell its not statute barred. Of course, without proper statements its impossible to tell, does that make it statute barred anyway?

[BRIGADIER2JCS]

On a statute barred debt Brig?

 

Yes I have used it twice on SB in both cases the creditor agreed to

pay compensation for the harassment, time and stress caused.

[AndyOrch]

Yes I have used it twice on SB in both cases the creditor agreed to

pay compensation for the harassment, time and stress caused.

 

Ok excellent.

 

Andy

[BRIGADIER2JCS]

Ok excellent.

 

Andy

 

The big advantage is that the mediator does actually listen to what the debtor says, unlike some learned

people.

[AndyOrch]

The big advantage is that the mediator does actually listen to what the debtor says, unlike some learned

people.

 

Well if the OP is not 100% sure on the status of SB then it is an option

 

Andy

[asokn]

You cant mediate on a claim that is statute barred there is no case to answer

 

Obviously the OP can enter into mediation if he wishes to. The OP may feel that he has a very strong case so may not be prepared to settle unless it is on very favourable terms but that is no bar to mediating and the OP may very well save the further time and effort that dealing with this case will take. I would never say that a party to litigation cannot mediate, that is entirely at odds with the spirit of modern civil litigation and contrary to the basic principles in Part 1 of the CPR.

[AndyOrch]

Obviously the OP can enter into mediation if he wishes to. The OP may feel that he has a very strong case so may not be prepared to settle unless it is on very favourable terms but that is no bar to mediating and the OP may very well save the further time and effort that dealing with this case will take. I would never say that a party to litigation cannot mediate, that is entirely at odds with the spirit of modern civil litigation and contrary to the basic principles in Part 1 of the CPR.

 

That was advised on MHO on the assumption that it was SB, however if its not then yes by all means enter mediation as agreed above already, but obviously if it fails and the claim proceeds and the claimant is successful the OP gets a CCJ and costs to boot.

[asokn]

obviously if it fails and the claim proceeds and the claimant is successful the OP gets a CCJ and costs to boot.

 

But that is nothing to do with whether the OP should mediate save that if he doesn't then the case is guaranteed to proceed. Also, if he refuses and loses then those costs are likely to be higher as a result.

 

My point is that even if the debt is SB there is no harm in agreeing to mediation as you don't know where that will take you. Even if the OP is correct in his case there is always a benefit to halting proceedings, drawing a line under the case and guaranteeing that you will not have a CCJ against you. Whether that benefit is worth accepting whatever the creditor may offer in mediation is a matter for the OP but if he doesn't even try then he will not know.

[AndyOrch]

We will see, lets see what transpires Vestcott and Mediation mmmmm!!!! not many on here to compare, but lets not procrastinate that's a choice for the DCam.

[DCam]

ok so based on all the advice I'll think I'll ring the mediation on Thursday (I'm out tomorrow) and ask them to ask the DCA for the full statements, as I want to know if the debt is statue barred or not. Sounds like the right thing to do?

[BRIGADIER2JCS]

ok so based on all the advice I'll think I'll ring the mediation on Thursday (I'm out tomorrow) and ask them to ask the DCA for the full statements, as I want to know if the debt is statue barred or not. Sounds like the right thing to do?

 

AS Said the mediation service cannot help you with the production and disclosure of documents,

there is no agreement bertween the parties to mediate in place.

[DCam]

AS Said the mediation service cannot help you with the production and disclosure of documents,

there is no agreement bertween the parties to mediate in place.

 

Sorry, yeah, you did say that, what was I thinking?

So what do I say to them then? That I think it might be statue barred and the case should be throw out as the claimant hasn't provided any proof?

[asokn]

You can't go into a mediation demanding that the claim be thrown out, the mediator has no power to compel anyone to do anything and cannot make any orders. The point of mediation is to try to reach a negotiated settlement as an alternative to court. I would suggest you do a bit of reading up on mediation as a concept so that you know what to do when you get there, otherwise it will be a waste of time.

[DCam]

I'm not trying to demand anything, and yeah, I know the basic concepts of mediation and that they can't compel anyone to do anything. I'm just trying to work out what to say from the legal side of things, which is where I'm really struggling.

[Guest]

dcam

a bit of a dichotomy, as has been suggested. if they accept that it is barred, then it seems that the only real purpose of negotiation re mediation is re what brig says re poss 'compensation'. but, it seems that they don't accept that it is barred. you have submitted a stat barred defence and they are continuing seemingly on what they have so far provided. ultimately, would then be for the court to decide re bar if neither accedes. it may be that they do voluntarily provide some further 'proof' at mediation, or not. if, however, you accept not barred then could try and negotiate a settlement. what about the possible 'fraud' you mentioned?

Edited April 25, 2012 by Ford

[DCam]

dcam

what about the possible 'fraud' you mentioned?

 

If goods were ordered after we moved house, then the landlord/someone else must have been ordering goods in my partners name. The only way to tell if goods were ordered after we moved is to have a look at the account statements. There does seem to be more owning than what we ordered, but this could just be late payment fees and other charges, we have certainly already paid more than what the goods we received cost.

[Guest]

ongoing statements should've been sent. did you advise creditor of new address? have you done a sar? as you say, charges etc may account for increased amount. any missold ppi on this?

[DCam]

No PPI, I think I should have submitted a SAR eariler, for some reason I thought I couldn't do this although I did send a special directions letter asking for the statements. Do I still have time to submit an SAR? The court date has been set for 25th May.

I need to call it a night now, will check back tomorrow night, thx for all the help guys.

[DCam]

I could send a SAR off on Friday, but the court date is less than 40 days away.

[AndyOrch]

If the matter cant be resolved through mediation DCam you will have opportunity to request disclosure at AQ, but use the mediation to instil its SB don't waiver.

 

Regards

 

Andy

[DCam]

what is aq? Google isn't much help I'm afraid

[AndyOrch]

Allocation Questionnaire this is received once the claim is transferred to your local County Court and the Claimant as informed the Court they wish to proceed/responded to your defence

 

andy

[DCam]

Oh yes I sent that off along with a special directions letter asking for statements on the 3/4/12 but the only thing I heard back is about the date for the court case. I'll think I'll ring mediation tomorrow asking about SB as no statements have been provided.

[AndyOrch]

Right so AQs have been completed and directions not complied with or not been order by the Court?

[DCam]

The letter only covered that it had been allocated to the small claims track, details of using mediation, and gave the court date. No mention of the special directions letter, so I'm not sure what is happening with that.