Defending a claim through small claims court

KimmyLouLou

Hi, I'm after some advice as I have defended a claim for repayment of a loan on the grounds that the Claimant's solicitor did not produce a copy of the Credit Agreement or any other supporting documents when I requested them. They said they would ask the client for them and I have heard nothing since. I then received a letter saying they were going to pursue it and I have received notice that it has been allocated to the small claims court. I do not know where to go from here. As far as I am concerned they do not have a case if they cannot provide evidence of the original Credit Agreement. In any event, I believe the debt is statute barred but I feel if I bring this up I am admitting I had the loan.

tomtontom

So you are admitting that you had the loan, that the lender gave you money and you failed to repay it?

When did you last pay anything towards the debt?

lee111s

You could state in court that IF there was a loan dating back to the dates they are claming then you understand it would now be statue barred. If they can't prove you had the loan I don't see where they have a case?

Did you make any payments to the loan?

jonesMUFCforever

Who is the lender?

When did they lend to you?

When did you make the last repayment or acknowlesge the debt?

What if they produce a reconstituted copy of the agreement (which has been proven at a higher court as acceptable) - where does this leave your argument - is this your only defence.

I find it hard to believe that solicitors would spend money on a court case if they believe it to be statute barred.

OP we need more info from you.

KimmyLouLou

The lender was originally GE captial then it changed to Hitachi who then sold the debt to Cabot. I think the loan was taken out in 2005. I haven't made any payments for well over 6 years, or been in communication with them. I believe solicitors will pursue even if it is statute barred cos they are hoping people won't know about it, and I assume if the defendant doesn't bring it up they Court will allow it to continue.

They haven't provided any dates or copies of any documentation.

jonesMUFCforever

In that case see the top of this page - find the template letter for a statute barred loan and send it to them.

KimmyLouLou

Thanks, where abouts can I find the templates? I am new to this site TIA