Lowell BT Claim Statute Barred or not?***Claim Discontinued***

[agirllikeme]

So I've got a small claims directions questionnaire, I checked the link as advised but was wondering whether I should agree to mediation? Would it not go against me if it went to court and I had rejected this? Would it not also give me a chance to explain or should I just leave that if they take it to court?

In terms of filling the form in is the following correct?
- Section C -Yes to small claims track
- Section D - my local county court (I'll name which one) What reason do I put as to why?
- Section D2 - Evidence of an expert No
- Section D3 - Witnesses 1 (myself)

 

[dx100uk]

yes to small claims

no reason needed

1 wit you.

 

3 copies 

the one to their sols you can omit sig/phone/email

 

 

[agirllikeme]

Thanks. Ill get it sorted tomorrow 

[AndyOrch]

15 hours ago, agirllikeme said:

So I've got a small claims directions questionnaire, I checked the link as advised but was wondering whether I should agree to mediation? Would it not go against me if it went to court and I had rejected this? Would it not also give me a chance to explain or should I just leave that if they take it to court?

 

Nothing to mediate over given the debt is statue barred

In terms of filling the form in is the following correct?
- Section C -Yes to small claims track
- Section D - my local county court (I'll name which one) What reason do I put as to why? Your the defendant and all claims are transferred to the litigant defendants home county court
- Section D2 - Evidence of an expert No
- Section D3 - Witnesses 1 (myself)

 

Andy

 

 

[agirllikeme]

Quick update, my case has been transferred to my local court. This happened on 25/04/19. How long does it usually take for them to get back to you regarding dates etc? 

[AndyOrch]

Varies by County court and work load.....but you should receive your N157 Notice of Allocation within 2/3/weeks.

[agirllikeme]

Quick update:
- I have a court date of 5th August 2019. 
- They have until 8th July 2019 to pay the fee or file for help with the fees. 

- I have to submit documents that I will use as defence at the latest 14 days before the trial date (I make this 21/07/19)

- Lowell have responded to my statute barred defence saying that a payment was made on 16/07/13. They've said they're satisfied there is a valid claimed and requested either payment in full or a Tomlin order. I can put a copy of the letter up if you need it - seems like a very standard response though.

 

So what do I need to prepare? 

 

I've submitted another SAR to BT for the change of name documents and any correspondence but "The information you have requested is in a different name. As this is not your own personal data we cannot provide this without the third parties consent." How do I get round this? I can't prove the name change without something showing that it was done. 

 

As always any help would be appreciated. 

 

 

 

[dx100uk]

lowells always invent phantom payments.

 

but...even if they do exist,

they were not made by you

nor from a bank account in your name

nor with your express written permission.

 

you don't need that data really

 

[AndyOrch]

You need to prepare a witness statement from yourself which particularises your defence in your own words...along with any exhibits you wish to rely on in support of your defence.

[agirllikeme]

Is there any guidance on what I should include in my witness statement or how to lay it out?  In terms of exhibits I have an email chain showing I was moving into a different address but I can't get a copy of the actual contract due it being over 7 years ago and the record no longer being available. 

 

In Lowells letter suggesting a Tomlin order they have put "Due to the pending action, we should be grateful if you could contact our offices within 14 days from the date of the letter to confirm your intentions."

Is there any point in contacting them? Would it look bad if I didn't?

 

DX - the payment does exist but as you say it wasn't by me. Do I need to prove that?

 

Apologies for all the questions. 

 

 

[AndyOrch]

There are plenty of examples of witness statements in most court claim threads...which proceed that far.We normally advocate you wait until you receive the claimants statement/evidence before drafting a response.....in some instances they file very late not allowing you time or dont even file at all when they intend to discontinue the claim.

 

You only contact them is you wish to accept their offer of a tomlin order...otherwise no you dont.

 

Andy

[agirllikeme]

Thanks for the quick response. I'll have a look through some court claim threads for what to include. 

[AndyOrch]

Given that you submitted our Statute Barred defence......your  statement will be quite brief and in support of statute barred...so look for similar threads were the debt was statute barred.

[agirllikeme]

Final update!

 

I have just got off the phone with the local court to check whether the court fees have been paid (they had until 2pm on the 8th July) and they haven't. Lowell have sent them a letter advising that they have discontinued the claim! I've not received confirmation of this from Lowell yet but thought I would update here! 

 

Thank you all so much for your prompt responses, excellent advice and pointers to relevant examples! It really has been a massive help. 

 

 

[AndyOrch]

Excellent...thread title updated.

 

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Well done

 

Regards

 

Andy