Proposed Allocation to Small Claims Track letter

Cetshwayo

Bitofapilchard wrote: »

I can find no other payments to this debt since 21 June 2012.

If you paid in June 2012 surely they sent letters out after that date when no more payments were made?

The court claim was made on 28 November 2018.

On what you have said I doubt it is time barred. Did your husband bin the letters? This could get expensive if you are wrong.

Bitofapilchard

Yes, I'm sure they would have sent further demand letters after the last payment. But we don't have a record of them.
But then they have not sent husband a copy of the information that they hold on him, that we requested from them in November. If they are so sure it's NOT statute barred, then where is this information?

fatbelly

Bitofapilchard wrote: »

But where we are confused is that it seems to be asking-in the case of refusal of mediation-which county court hearing centre would he prefer it to be held and it asks him to state availability of dates to attend court. Why, when he has defended his case as Statute Barred, would he need to attend? Why can he not prepare a case on paper and send to a court?

Any advice gratefully received.

It's brinksmanship - put your local court on the form, add any dates not available, and send it back.

If it comes to a hearing, attend

Bitofapilchard

It's brinksmanship - put your local court on the form, add any dates not available, and send it back.

If it comes to a hearing, attend

Thank you. I've never heard that word before. I like it!

We've since had a letter from Robinson Way's solicitors saying that it was them who suggested mediation to the court and as they have not provided the files we requested, it's our feeling that they cannot find any evidence to prove it's not statute barred.

So we will be declining mediation and will go foward with the court date and if necessary, attend. It's a gamble, but then I really think they're gambling on him going for mediation so they can get something instead of nothing.

Many thanks for everyone's help and advice.

waamo

The court automatically suggests mediation as part of the small claims track. Both parties are asked if they want it to attempt to solve a dispute before going to court.