What do I do?

[Kafka]

Re: What do I do?

I believe that if you are claiming statute barred (and it looks as though it is) then it is not up to you to show it is statute barred, it is up to them to show that it is not.

That's correct, but it's easy to forget an odd payment you may have made years ago, perhaps to stave off a threat of default (I've done that myself). The other point is that there have been a number of cases lately where DCAs claim that an odd payment was made some years ago that negates the Limitation and just state these without providing proof. That's why you need to demand this and in one case they claimed a payment of £100 at a time when the person was unemployed and could never have paid that.

[UpsyDaisy]

Re: What do I do?

I told the court that I wanted to amend my defense and they popped an N244 in the post which arrived today. How long do I wait before filling it in to see if BC replies and if he doesn't what then?

I definitely cannot recall making any payment at all since I have lived at this address which I moved to in March 2006.

[Amethyst]

Re: What do I do?

Despite repeated requests from no end of debt collectors I have
received no paperwork whatsoever to support this alleged debt.
There is also nothing whatsoever on my credit record(s) to show
that any debts are owed.

If the claimant issues ALL of the paperwork that has been
requested then I will look at the matter but I don't think that I
have any unaccounted for debts.

It isn't that bad, you are basically denying their is a debt and put them to prove there is. To amend you do need to wait for the case to be allocated , so you'd do the amendment at the same time you complete the directions questionnaire which comes after BC have responded to tell the court if they wish to continue.

[UpsyDaisy]

Re: What do I do?

Thanks. I do really want to get in the bit that I think it is statute barred and not miss any deadlines. I'll just have to be patient.

[UpsyDaisy]

Re: What do I do?

Today I got back a reply and it is just more of the same as below. It is obvious that Bryan Carter CANNOT supply the requested documents. My move but what do I do now?

removed letter ref Name. EXACT SAME letter as last letter just different date.

[Amethyst]

Re: What do I do?

Well they haven't really answered your letter there have they, it's exactly the same letter they sent before - well keep hold of them for the bundle later.

Are you still waiting for the directions questionnaire?

[UpsyDaisy]

Re: What do I do?

Yes I am still waiting for the directions questionnaire

[UpsyDaisy]

Re: What do I do?

I received the letter below today. Seems that Bryan Carter wants to 'mediate'. I don't see that there is anything to mediate about as Bryan Carter has refused to supply details to back up their claim and also the the account is almost certainly statute barred if they could. Do I reply to this letter and if so shall I tell them now that the matter is SB?


adult image

[MIKE770]

Re: What do I do?

usual template at this stage!

[UpsyDaisy]

Re: What do I do?

Thanks the one requesting CPR 31.14?

[MIKE770]

Re: What do I do?

No 38 above is usual template as their next step to try and frighten you into paying up, look at other peoples at this stage he is begging letter you part of his process, CPR31 another issue? await Amys response.

[UpsyDaisy]

Re: What do I do?

Thanks Mike. I misread your post.

[Amethyst]

Re: What do I do?

Okay just reply saying

Dear Mr Carter

Claim No: xxxxxx xxxxxxxx v xxxxxxxxx

Thank you for your letter dated XXXXXX .

At the present time I am unable to enter in any negotiations as despite having requested further information and documents from your Clients I have yet to receive anything to evidence there is any debt owed to them. Once I have this information I will be in a position to mediate / negotiate but as things stand there is nothing to mediate on.

I invite your Clients to discontinue their claim to save any further time and costs being wasted dealing with this.

Yours faithfully

xxxxxx

[UpsyDaisy]

Re: What do I do?

Today I received a 'Tomlin Order' letter from Bryan Carter who seems to be on the run. They are offering to accept £320.35 to settle.

Do I reply to this and tell BC where to go? They still have not proven that any debt exists.

Thanks

[Amethyst]

Re: What do I do?

59% offer. That's not too shoddy.

Presumably their Tomlin order draft gives the option to enter affordable installments ?

Quite often after getting one of these they go on to discontinue, but occassionally they just come up with the agreement and then of course you are in a weaker position negotiating wise.

It has to be your decision - however with it being Capital One I'd say it's more likely the agreement will turn up than not.