Please help statute barred defence - claims payment was made

Shabz2510

Dear All hope you can help me please!!!

I received a claim pack from county court Northampton on 19 feb, the original creditor satander/originally taken with Alliance and Leicester in August 2008. They have sold my debt to Robinson way and now Howard cohen solictors have written prior to this, informing me of legal proceedings against me. They back dated the letter to 2nd feb, I received on 9th of feb and I was just in the process of responding to them.

I have sent a defence saying it was statute barred, I was sure it was def over 6 years.
Howard Cohen have written back saying that they have that I made a payment on the 22 July for £10.
And it was not statute barred..

They have invited me to formerly withdraw my defence and furnish a proposals for sum owing.
This also said that my defence was spurious and they will submit this as evidence unless I withdraw..

I don't know what to do, what if they are making up this payment, and what they are not. It's been nearly six years and cannot recall.

What option do I have I cannot afford to pay £4698.00 and I don't want a CCJ on my name..

Should I request proof of payment when, how from which account , payment ref. if indeed they had this information, why would they request me to withdraw unless it's a bluff..

Does it also mean I will run of time and they proceed to court hearing if I requested the payment details and do they need provide before they proceed with the case???

tomtontom

Surely you didn't take out the loan and then immediately fail to pay?

If you can't remember then their evidence is going to be more convincing than yours - you have none. Contact them and make an arrangement to repay at a rate you can afford.

rizla_king

Why would you pay just £10 nearly a year later? Bet they cant prove it. If they claim its not statute barred the legal burden of proof is on them to show this you made a payment.

Takeaway_Addict

Check your bank statements to see if a payment was made?

sourcrates

They make up phantom payments all the time, in cases such as this. If they say you made a payment of £10, and intend to rely on this statement in court, then they will have to prove it.

I suggest you continue with your SB defense, as strict time limits apply here, and also send them a letter asking them to provide you with proof of the payment.

Worst case scenario, judge rules its not SB, and will order you to pay, at a rate you can afford.

Only way to test the temperature is to stick your toe in i`m afraid !!

fatbelly

So you took out a loan with Alliance and Leicester in August 2008, and had stopped making payments before Feb 2009.

When did you make the last payment?

Are they saying you made a payment on 22 July 2009? Or some other year?

Stick with the plan for now. You need to

1. Acknowledge service
2. Issue a cca request to RW
3. Issue a cpr request to Howard Cohen

There's guidance on http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

Sorry, not sure what stage you're at - you might have done some of this.

Marktheshark

Invented payments, well one invented payment is the standard reply to statute barred from debt collectors.
A sworn affidavit you have not made any payments can go a long way with judges at county courts.

Shabz2510

fatbelly wrote: »

So you took out a loan with Alliance and Leicester in August 2008, and had stopped making payments before Feb 2009.

When did you make the last payment?

Are they saying you made a payment on 22 July 2009? Or some other year?

Stick with the plan for now. You need to

1. Acknowledge service
2. Issue a cca request to RW
3. Issue a cpr request to Howard Cohen

Hi thanks for your suggestions, I have already sent my defence on the on the 22nd Feb and they responded by a letter to me on the 5th of March, claim pack came dated 19feb- stupidly I haven't sent the cca and CPR request. Is to late to do recorded delivery tomorrow??