Ccj court on Monday 29 June 2015 statute barred

Shabz2510

I have a to go to court to fight statute barred debt, I send the solicitors CCA and CPR 31.14 request more than 90 days ago. They have just back to me 3 day before hearing. With statement of accounts from Santander with just a spreadsheet they submitted this to court with a witness statement from someone who works at the solicitors. with no payment ref number or direct debit ref number. I have asked them to produce not just dates but ref numbers also in the past. I know that it is statute barred as the last payment made was in Jan 2009. My question is will the judge look the spreadsheet with no payment ref no. marked buy Santander and take it as the truth, frankly I could write it myself at home on a computer, who we're not the creditor at the time. It was alliance and leciseter. So why is it not a statement provided by alliance and Leicester. And would it not be admissible 3 days before hearing. I wrote to courts on the same day and delivered it recorded today. Please help.[STRIKE][/STRIKE]

rizla_king

Best place to ask as they have many similar cases.

http://www.legalbeagles.info/forums/

National_Debtline

Hi Shabz


I can't speak for what the district judge will make of this paperwork, but I do come across numerous cases like this one where the creditor (often a debt collection agency rather than the original bank) provides a mere printout or spreadsheet that does not look very official or authentic.


Remember that once you argue that the debt is statute barred, the onus is on the creditor to prove you wrong.


Good luck


Dennis
@natdebtline

fatbelly

Hope it goes well - let us know on one of your threads

https://forums.moneysavingexpert.com/discussion/5209546

https://forums.moneysavingexpert.com/discussion/5192112

Xbigman

How did you pay in Jan 2009? If you have that payment on a bank statement with subsequent bank statements showing no payments afterwards then that is proof you didn't pay. That's when you accuse the debt collectors of pergury and ask for costs.



Darren