Lowell mobile debt claimform - statute barred - ***Claim Dismissed***

[Baronsamedi]

Good evening, could someone please help me out on where I go with this.

 

Earlier in the year I received court papers re a debt to Lowell which was previously with a mobile phone company.

 

I acknowledged online and submitter my defence based on it being statue barred. I received a letter saying the claimant has 28 to respond or it is stayed. No response I expected it to be stayed.

 

I then received the notice of proposed allocation to small claims court had to fill in if I wanted mediation (said no) along with what dates I'm available etc. Directions questionnaire I think this was form N180

 

Today I returned from holiday saying its been allocated to the small claims court in August and a hearing fee was payable by the claimant by the end of June. I've no idea if this has been paid. It then goes on to say I have till a few days time from now to prepare and send in copies of all documents. So as you can see not a lot of time.

 

My problem is this, I'm positive it's statue barred but don't have any paperwork to hand as its years old. What do

I do now? Do I write to all parties now saying this or what ? I could maybe get a copy of my credit file showing that it isn't on there or in the closed accounts obviously time is of the essence. Any help would be greatly appreciated.

 

Just to add I was previously told not sure if rightly or wrongly that it's down to them to prove I owe it and it's not statue barred, not me to prove it is statue barred, hence why I haven't gotten anything together on it. I've basically been waiting for them to provide proof it either is or isn't.

[dx100uk]

Did you send the claimant a CPR 31:14?

[Baronsamedi]

Did you send the claimant a CPR 31:14?

 

I've no idea what one of those is so no I didn't? What's the implications of that then. Getting a bit worried now.

[martin2006]

Hit the cpr 31:14 link and have a read, its self explanatory

[AndyOrch]

You have nothing to disclose as your defence was statute barred...just submit and serve a witness statement basically reiterating your defence but add an header and a statement of truth ...sign and date.

 

Regards

 

Andy

[dx100uk]

doh!

 

 

sorry

 

 

dx

[Baronsamedi]

You have nothing to disclose as your defence was statute barred...just submit and serve a witness statement basically reiterating your defence but add an header and a statement of truth ...sign and date.

 

Regards

 

Andy

 

Cheers Andy are there any templates or anything I could use for this please?

[AndyOrch]

Take a look at post#164 in the following thread...from point 3 onwards

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?370562-Drydensfairfax-taking-me-to-court-on-behalf-of-honours-student-loans/page9

 

You will need to adapt it to your own circumstances.

 

Andy

[Baronsamedi]

Hi everyone so I have a court date next week 30/08 could still use some advice.

My defence is that it's statute barred although I cannot prove this but I believe the onus is on the claimant to prove it isn't ?.

I received the claimants witness statement and documents ( 3 weeks after the date given by the judge to get them in by)

 

They state in this documentation that a payment was made within the 6 years so it is not statute barred. However there is no evidence of that enclosed. It's just a load of old phone bills. No payment history enclosed.

 

Any advice regarding this ?

 

 

I've no idea how it works in the court but if I get a chance to speak should I point this out ?

Surely they can't just give a date without evidence of this payment.

Or are they going to pull out proof of this payment despite not sending it to me ?

 

Thanks in advance.

 

 

Fair to say I'm a bit nervous now as I didn't think it would go this far.

[AndyOrch]

You need to fill int missing parts since 12th July...

 

Your witness statement ?

 

Andy

[Baronsamedi]

Witness statement I've deleted the personal bits

 

 

 

Claim No

Claimant Reference number :

Between :

And :

Witness Name and address:

 

1. On the order of ... I submit the following witness statement as defence to the orginal claim

2. I believe that the alleged debt was statute barred under the provisions of the limitations act 1980 prior to the claim being issued

3. To the best of my knowledge and belief no payments or unequivocal written acknowledgement have been made to the alleged debt since 2009

4. It is my contention that the claimant must provide unequivocal proof that the debt is not statute barred

[AndyOrch]

We will also need the claimants witness statement (redact any identifiable information first)

 

Andy

[Baronsamedi]

I don't have access to scan that in as its only in paper form, and I won't have a chance to.

I could summarise it if that helps ?

[dx100uk]

can you not take photos on a phone or digital camera?

[Baronsamedi]

have no way of uploading them to here as I am doing this solely from my phone.

 

I'm just looking for a bit of advice. I've summarised it in the posts above I think.

 

Can someone not

Give that based on above ?

[dx100uk]

if you wish a secure email ad I can PM one

 

 

dx

[Baronsamedi]

Sorry I don't understand all this and I've got the date wrong it's tomorrow morning. I'll iust have to go and pay it will make life easier I can't cope with this

[AndyOrch]

Photograph the WS and then add it as an attachment......we cant guess on what the claimants states and offer advice.

 

You could summarise the main points why they reject your defence...but we still will only have your account which is third hand.....we only have to miss one sentence and it could lose the claim for you.

 

Andy

[dx100uk]

so hows this going please

 

 

where is theirs and your WS?

[Baronsamedi]

Hi good news it's all done and dusted.

The judge dismissed the case as they couldn't provide evidence of the payment they were claiming was made within the last 6 years.

[martin2006]

Excellent result baronsamedi and thankyou for updating the thread Have updated thread title to reflect outcome.