Hi, I received a claim form Northampton CC for an old MBNA debt. It was issued by Restons. I filed my defence stating the debt was Statute Barred as it was over 6 years since the last payment/contact.

They however contest the last payment was inside the time, the state 2 payments were made inside the 6 years. However I have proof from Bank Statements and also my Credit Report that no payments were made as the account balance recorded by MBNA and sent to the CRA's was the same amount for this period (therefore no payments could have been made).

Restons do not know I have this evidence as I only managed to dig it all out recently and I did not have time before submitting my defence within the timeframe allowed.

The claim was stayed by the court but Restons have now sent an N244 form asking for the stay to be lifted, my defence to be struck out and Summary Judgement to be given.

What do I do now? I was going to submit my evidence as and when the court asked for my Witness Statement.

Please advise, thanks.

You submit a witness statement in response /objection (not less than 7 days before the application hearing) attaching your evidence and request that their application and claim be dismissed.

Andy

Thanks for that Andy. When will I know that deadline? Will the court inform me?

The court will inform you of the hearing (assuming they have requested an hearing as per their N244 ?)

Hi, I received a claim form Northampton CC for an old MBNA debt. It was issued by Restons. I filed my defence stating the debt was Statute Barred as it was over 6 years since the last payment/contact.

 

They however contest the last payment was inside the time, the state 2 payments were made inside the 6 years. However I have proof from Bank Statements and also my Credit Report that no payments were made as the account balance recorded by MBNA and sent to the CRA's was the same amount for this period (therefore no payments could have been made).

 

Restons do not know I have this evidence as I only managed to dig it all out recently and I did not have time before submitting my defence within the timeframe allowed.

 

The claim was stayed by the court but Restons have now sent an N244 form asking for the stay to be lifted, my defence to be struck out and Summary Judgement to be given.

 

What do I do now? I was going to submit my evidence as and when the court asked for my Witness Statement.

 

Please advise, thanks.

What evidence do you have exactly?

Are you solely relying on what was reported by the CRA?

Andy - no they requested to have no hearing as my defence had no chance of success.

Ganymede- I also have my bank statement's from those dates. The log shows the payments as debit card payments

Andy - no they requested to have no hearing as my defence had no chance of success.

 

Okay who sent you the Application Notice...Claimant or the court?

Okay who sent you the Application Notice...Claimant or the court?

Claimant. They said here is a copy of the application sent to the court today.

Fine...wait until the court contact you...they will no doubt require a hearing and inform you of a date ...if they accept that it does not require a hearing then you can submit your WS anytime from here on....but let the Court confirm first.

Thanks Andy. Hopefully when Restons see what I have they will discontinue.

If what you have is solid evidence...they wont get chance to discontinue...it will be struck out.....don't forget to request costs in dealing with their application within your WS.

Thanks for this. My bank statements show no payments to MBNA for any amount. Also all 3 CRA's show the balance the same for the 6 months up to default from my last payment 3 months before they say a payment was made.

You simply put them to strict proof to disclose the source of the " Phantom Payments " by who ...account number ...sort code ....branch.

Will do. I can't believe they can just produce an excel spreadsheet with anything they want in them.

oh yes restons do this all the time

dx

So an update.

Reston's went for a Summary Judgement back in July.

I attended the hearing but the judge threw out their case and awarded me costs, which they paid.

It was moved to Small Claims track and we have a hearing date next week.

I submitted by WS with the details I mentioned above.

I received their WS and they still don't show proof of payment with card details, bank detail nothing.

They just say that MBNA have sophisticated systems that show payments

they provided an account log of all transactions that show the 2 payments alleged.

They can only provide me with 1 actual statement from 2 months before the last alleged payment

showing the balance corresponds with that of their log.

Strange they don't produce the actual monthly statements for the period the payments are alleged to have taken place

(something I will point out to the judge).

Any ideas how this will play out in court?

Will the judge be looking for strict proof like I requested or are they likely to believe the sophisticated finance house?

might be an idea to scan up to ONE multipage PDF

their WS.

follow the upload

dx

Well I thought I would update the thread to let you know that I WON!!!!! The DJ struck out their claim and awarded me costs. He emphasised the burden of proof to show the debt was not SB was with the claimant and the evidence produced lacked this clarity. I think the evidence I also displayed went a way to throw reasonable doubt over the alleged payments.

So it just shows you never give up and fight your corner against these bullies.

Thanks for all the help and advice on the thread. If someone wants to update the title to WON that would be great.

Well done! Great result.

Told ya. Well done

A very well done DeBilde..thread title amended.

Regards

Andy