Being taken to court in March please help me..

dorsetbabe

No excuse but background information.In 2006 at the height of my mental break down my husband and I took a few credit cards out to transfer other debts. We moved area in February 2009 and I notified the credit card companies in writing of new address but I now can't find the copies of the letters to prove it.
After we moved we only made payment to the companies who sent statements to our new address. The debt that we are now being taken to court for wasn't one of them. I asked them for proof of debt in August last year. They have just sent us copies, letter dated 20th January, of the paperwork they are sending to court. This is the first time we have been able to see the statements.
I raised the subject of the account/debt being statute barred as our last payment to them was £250 just before we moved. They are disputing this saying that on the 29th July 2009 we made a payment of £2.50 and they say they filed the claim on the 1st July 2015. How can I dispute this payment as We never received any statements after February 2009 so never made any more payments?
They say they won't be at court for us to discuss then either..

Please help us. My husband attempted suicide in December and I'm worried this will send him over the edge again

January2015

I didn't want to read and run - but someone with more knowledge than me will be along very shortly to give you advice.

It sounds like they've created a fictitious payment from you to get round the statute barred argument. As I said, others will be along to advise you on how to deal with this.


Easy said than done, but don't panic. Look after yourself and your husband.

sourcrates

Hi,

Please don't panic, if the last payment was in 2006, then the account would be statute barred.

These companies will tell you anything to make you accept what they say is true, they are the last people you should take advice from, you would not of made such a small payment yourself, its very common, as January says, for them to "invent" these payments, or to make out that a charge or a fee, added by the creditor, was in fact a payment from you, it's all mind games you see, don't be fooled by it.

So I`m assuming all you have had is a letter stating they are taking you to court and not an actual court claim yet ? is that right ?

When the claim form arrives you should read it carefully, acknowledging service online, gives you 28 days in total to file your defence. You shoud defend on the basis that its statute barred, that is a full defence to any claim they may have.
You don't have to prove a thing, the onus is on them to prove you made that payment, so if you didn't make it, then it will be impossible for them to prove you did, it's one thing attempting to deceive you, another thing entirely if they attempt to deceive the court.

Lets assume, worst case scenario, they did win the case, the judge would set a payment level you could afford to pay, and you'd repay the debt that way, you don't physically attend the court, its done behind closed doors, by email and by post, its nothing to worry about honestly.

From what you have said I don't think you have to much to worry about here, judging by some recent cases similar to this, creditors are a bunch of chancers, and incompitant ones at that.

dorsetbabe

Hello. Thank you for replying.
I did receive court papers in July and sent them back advising I was disputing it with the company and asked for them to not proceed till we have had a reply from the company . I also sent a letter to the company, which in their recent letter to us dated 20th January,2016 they say they received in August of last year, along with a Postal Order to ask for proof. They waited till last week to send it to us, only two weeks before we need to send all relevant paperwork to the courts, are they allowed to leave it so long?
We have also missed the opportunity for mediation as they didn't reply.
I have been advised I can ask for more info on the £2.50 payment. I'm just concerned on timescales now. I think that is what they where planning. I have to send in relevant paperwork to the courts by the 5th Feb, just 2weeks after receiving the requested paperwork. Not happy..

sourcrates

Usual delaying tactics unfortunatly.

I would stick with a statute barred defence and let them do all the donkey work if it were me.

They are trying to get you to cave in, don't, stick to your guns.

fermi

http://legalbeagles.info/forums/

Should be able to check to make sure there is nothing you'll trip up on here, and how exactly to force their hands on the proof or lack of it on this payment.