Judgement set aside - what do I need to do next?

Zoetoes

Hi

I have a CCJ from January for a 10 year old debt, I applied to have the judgement set aside using statute barred as my defence.

Bryan Carter Solicitors are saying I made a payment of £9.59 in 2011 (just before the 6 years were up) so claiming it is not statute barred.

Judge agreed to set aside and said I will get a date for a hearing, what do I need to do next? How can I prove I didn't pay something??

I could request a bank statement for that date but I closed the account in 2013, and as BC haven't said that's how the payment was made is there much point me doing this?

Thanks

rizla_king

You need to defend the claim denying that any payment was made and requiring BC to prove the details of any they want to rely on in court. People on http://www.legalbeagles.info/forums/ can help with doing that if you ask there. Its up to them to prove it not for you to disprove.

BC are liars if they try to claim its the other way around. They frequent try that on.

They have to prove you paid in 2011.

Zoetoes

rizla_king wrote: »

You need to defend the claim denying that any payment was made and requiring BC to prove the details of any they want to rely on in court. People on http://www.legalbeagles.info/forums/ can help with doing that if you ask there. Its up to them to prove it not for you to disprove.

BC are liars if they try to claim its the other way around. They frequent try that on.

They have to prove you paid in 2011.

Do I need to contact them now, before court, and request the payment info?

PaulW922

Zoetoes wrote: »

Do I need to contact them now, before court, and request the payment info?

You put your case to the court in advance of the hearing. Say in response to them that you deny making the payment and ask the court to direct they prove it.