Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Can you provide some more information the nature of the claim so that I can advise?
I have looked into your query in more detail but unfortunately it is not something I can assist with. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you
Hello my name is ***** ***** I will help you with this.
Did you raise lack of notice in your defence?
Ok - but you should have raised this in the defence Chris.
If it is statute barred then they need to show that it is NOT statue barred. They should disclose this in relation to the trial itself.
If they dont, they cant show that they can collect the debt.
So it is up to the bank, not you to show its not statute barred. 6 years from last payment or date of default, but THEY need to show this.Can I clarify anything for you about this today please?
Again its for THEM to prove that it was sent. You are the Defendant, you do not have to do anything.
If they can't show it was SENT then no, they cant get Judgment
Does that clarify?
99% of cases are not reported. Section 86B
And Section 87
There may be yes. But you will need to research that as this is a question of answer site and can not do research for you. You can search at:
There are the cases McGuffick v The Royal Bank of Scotland Plc which you should read which can assist.
They are the leading cases.