Lowell/Carter - claimform Blackhorse car finance 'debt'

[AndyOrch]

Prepare 3 copies of the N180...fully completed for court and your file.....one for the claimant (no phone number) as both parties are expected to file and serve on each other copies of the DQ

 

 

Andy

[lordsnooty01]

Hello DX,

 

Its been a while but further developments.

 

I have let the process run as you recommended.

The mediation process seemingly got stuck but I have now heard from them

they have asked I call to arrange an appointment

 

- I'm not sure I want to do this or should I and explain that Lowell / BC have failed to produce evidence of the debt or non statute barred status?

 

I notice on the County Court forms it has been moved locally too,

 

I also note that BC / Lowell have to pay £300+ for the hearing to take place

 

- good to see that common sense prevails in our justice system and that they have to pay to get a hearing.

 

I guess my question is,

yes I stated I would be willing for mediation but in essence that is impossible if the alleged debt is unproven.

 

Having rechecked the finite detail

- the last payment to the account in question was in 2007.

 

The lender defaulted the account in 2010 (no payments since 2007)

and then Lowell purchased the debt in 2010

 

re-defaulted the account - the lenders default disappeared.

This information only appears on Equifax btw.

 

Any advice appreciated.

Edited December 2, 2015 by lordsnooty01

[dx100uk]

when asked you simply tell mediation that the claimant has failed to provide any documentation that the debt is not

as you have stated in your defence - statute barred.

 

 

dx

[lordsnooty01]

when asked you simply tell mediation that the claimant has failed to provide any documentation

that the debt is not

as you have stated in your defence - statute barred.

 

 

dx

 

Thanks DX.

 

I couldn't get through via phone so emailed them instead with the following response

 

'

 

Thank you for you’re email.

 

I have tried extensively to contact you by phone but have been unable to get through.

 

In terms of the appointment, the claimant has failed to provide any evidence or documentation to confirm their claim and that the debt is not, as I have stated in my defence, statute barred.

Based on the above, regrettably we are therefore unable to proceed to preferred mediation. '

 

I have today received via email the following response:

 

'

Good afternoon.

 

Thank you for your email.

 

Please ensure you attend the Hearing: 05-JAN-2017 AT xx:00 Xxxxx County Court . '

 

Now I'm aware that this now forces Lowell / BC to pay the £300+ court fee and puts the money where their mouth is but should they proceed, few questions:

 

For me to attend court would be mean out of pocket expenses as a contractor of my day rate - claimable?

 

Do I need a set script for this hearing or do I simply vocalise what I have already requested?

 

What other things should I prepare for?

 

Thanks in advance.

[Old Cogger]

lip rate £19.00 comes to mind per hr???