Arrow/Reston

rizla_king

Rules that govern how the court, claimant and defendant conduct a court case. For example there are rules that allow you to force the claimant to show you document or information they hold. eg the proof they say they have. Follow the links I gave for more details.

fatbelly

2hapennys wrote: »

Hello all

I have received from Restons a court claim in the post, I have filed on line the acknowledgement of service, stating that I wish to defend the claim in full. I have been reading through the correspondence and I have 28 days to file a defence from the date of service is that correct?
According to Restons they claim a payment of £1 was made early September 2008, so even if they did receive any money(which I find highly unlikely) it would definitely be statute bared before it got to court or before I had to submit a defence.

I am struggling with what to but as a defence I was wondering if anyone would be kind enough to assist me with it please. Or perhaps point me in the right direction.

Does anyone think I stand a good chance of being successful?
I do not intend to have a CCJ registered against me. If I did loose in court would I still be allowed to settle before that would happen?

That's why they have started a claim in August 2014. According to their records it would be statute barred next month. Your position is that there has been no payment since 2007 so it became statute barred in 2013. That is your defence. They have to evidence that payment in Sept 2008.

You are correct on the timescale. Whether you are successful or not depends on their evidence. If unsuccessful, you can pay in full within a month of judgement and avoid it being registered on your credit file.