Claim form issued by Lowells - ex Capital One account***Claim Discontinued***

[AndyOrch]

You wouldn't have received the second letter if they had not paid the fee...it would have been struck out....unfortunately they have paid hence the transfer.

 

Regards

Andy

[Desperate Daniella]

But it's only £40 which is nothing to them, so they may still be playing for time. If they were that keen to go ahead they could have paid it within the time limit.

[steve1963]

Called the court today and as Andy says, the fee has been paid. I guess they are taking this to the line, I still have seen no evidence that would lead me to think they have a case! At what point would/should I be able to see documentation they are going to use.

[AndyOrch]

The claimant will have to disclose all referred documents at standard disclosure (just before the trial date).

 

Regards

 

Andy

[steve1963]

Ok bit of an update. Date for hearing is set for next Feb so something to look forward to after Chrimbo. I guess it's never too early to start getting my stuff together and preparing a statement. Anyone willing to give me some tips?

[steve1963]

Sorry should of added they want any relevant papers submitted by Jan 2nd.

[steve1963]

As I understand it my main defence is that I believe this debt is statute barred and despite requesting it no information has been forthcoming so what paper work should I be looking to submit. I have all the CCJ requests and account in dispute letters I have sent out over the years but from what I have read elsewhere am I right in thinking I should keep these to myself for now?

[steve1963]

Anyone have any thoughts on this or can give me some guidance on what papers I should look to submit?

[AndyOrch]

If you are defending the matter as Statute Barred....you don't disclose or provide any evidence...its for the claimant to prove otherwise.

[steve1963]

Thank you.

[mjt2013]

However if you happen to have any documents such as a statement of account that would help to prove the debt is statute barred then there's no harm in relying on it although you are not obliged to prove anything.

[steve1963]

Hi, bit of an update.

 

Last sat I received a rather nice letter from Sharp Young and Pearce and attached to it was a Notice of Discontinuance.....

. which was nice.

 

Seems

 

'A commercial decision has been taken in respect of this matter and this decision is taken with no admissions as to liability and no concessions,

particularly in relation to your defence'..

..... err ok...I think.

 

I have to wait for a sealed copy to arrive from the court and then the matter will be closed.

 

Thanks really must go to this site and the members on it who have helped,

 

thank you guys.

[AndyOrch]

Well done steve...delighted for you.

 

 

Thread title amended to reflect the outcome.

 

 

 

 

Regards

 

 

Andy

[filrobbo]

Nice well done

[Desperate Daniella]

Well done, Steve.

 

Great way to start 2014!

 

DD

[steve1963]

Sealed copy of discontinuance now received. Thanks again guys.

[dx100uk]

10/10