In Court with Lowell on Thursday

madasaboxoffrogs

Not quite sure what to do/say....
The debt they're pursuing is from a very long time ago, and I don't believe that I owe anything. They have sent me a copy of a credit agreement, and statements, and say that I made a payment in 2014 - I most definitely didn't! The statements are up to 2013, so nothing shows for any payment that they say I made, and there's nothing on my credit file at all for it.
I cant prove that I don't owe anything, and now I'm worried that they'll stitch me up with something that I'm not owing.
Any advice on what to do or say would be much appreciated.
Thank you.

sourcrates

What date did it default ? And what defence have you put forward ?

Default date, or date on default notice to avoid default, is now cause of action date.

Lowell love to invent payments, you could go with statute barred as a defence, as time is short, worst case you lose, might as well go down fighting.

Lowell usually back down last minute.

madasaboxoffrogs

Thanks for the reply - probably too late now, but the following is my defence:

MK Court Lowell

NOT ON CREDIT FILE – NO DETAILS ON ALLEGED DEBT
Default notice was 3/3/2013 - Statute barred.
Random payment 31/1/14 by DD – all other payments made on 15th/16th due to pay day being then. I deny making that payment. Account details that payment was made from??
Letters sent to S****** close – I do not or have never lived there.

I honestly have no clue what I'm doing, but I do not owe this, it should have been cleared by PPI, so all I can do is try. And, hope they do back out at the last minute.

WhenIam64

Random payment 31/1/14 by DD

It is a great pity that you didn't check this before and get a details of the bank account the DD was supposedly from. At court a judge will decide on the paperwork in front of him/her first and then on the balance of probabilities of what each party says.

Paperwork beats bluster so take copies of your bank accounts from that period. You can even show the paperwork to the other side in the meeting room beforehand and ask them to withdraw the claim. There is always the opportunity to sort issues up to the court door. Once you go through the door, it's all up to fate (and paperwork)

I cant prove that I don't owe anything,

Unless you pay it off, you will always owe it. Statute barred means that they can't use the courts to enforce it. The debt doesn't disappear. It just becomes almost impossible to collect.

fatbelly

madasaboxoffrogs wrote: »

Thanks for the reply - probably too late now, but the following is my defence:

MK Court Lowell

NOT ON CREDIT FILE – NO DETAILS ON ALLEGED DEBT
Default notice was 3/3/2013 - Statute barred.
Random payment 31/1/14 by DD – all other payments made on 15th/16th due to pay day being then. I deny making that payment. Account details that payment was made from??
Letters sent to S****** close – I do not or have never lived there.

If they started the court claim before 3/3/19 (I suppose technically 17/3/19 if the default notice gave you 2 weeks to pay) then you cannot rely on a statute barred defence.

If it started after 17/3/19 then the case hinges on the payment on 31/1/14 - can they prove it was made? And can they prove it was made by 'the debtor or his agent?' (Limitation Act 1980 s29, 30)