Andy, Ref the N245 I take it you are talking about getting a court order set aside ?

Well folks just back from court, I lost it all went so fast I had trouble keeping up with what was going on. Quick overview of what happened, Arrived early and was approached by the claimants representave, he informed me that they would be arguing that the Limitation period started from the Default Notice, #and gave me a copy of the BMW V Hart Case, He also gave a copy to the court usher/ cleark who commented Too Late, The representave also offerd me a last chance to negotiate a settlement before we went before the Judge. I asked how much would they be looking for he said most of the claim so i declined. They stated their case that the debt was not SB, and made several references to the BMW V Hart case, in particular point 7, and point 17, in the case. I argued that the BMW V Hart case was irreverent because it was not regulated by the CCA, and that the Limitation period for simple contract debts starts running from the cause of action which was when I had fallen behind with payments. I also pointed out the discrepancies in their copy of the Default Notice, Ie the wrong address and wrong figures of money owed, that was put down to an admin mistake. The Judge then said the whole amount due was to be paid in 14 days, and asked if this was possible, to which I said no, the Judge then advised me to contact HC solicitors and arrange a re payment plan or the court can arrange one. The Judge did disallow a few of their cost claims and reduced the rate that they could claim interest to 6% because she beleived their was no malice intended in my defence. I feel as though i have been had here, not shure if there is anything i can do about it, but I do hope that my whole experience can be of some help to others on this site, I would like to thank all for your advice and direction through out this saga, Donation to the site will be made on friday. Thank You.

Just a quick update folks, The big day tomorrow in court, will let you know what happens fingers crossed.

Pants for them, I hope dx

Just going over my original docs and the ones they have in their wit statement there are several differences, On their copy of the DN my name is in a different format ie Mr aaaaa b ccccc and not Mr a b ccccc. The address they sent it to is an address i have never lived at The amounts are different. On the copy of the alleged Notice of Assignment from Santander, They have the same address that I have never lived at, That would be the reason I never got one. On the copy of the alleged confirmation of Assignment from Hoist, They have the same address that I have never lived at, That would be the reason I never got one.

Hi Ford, Yes it is correct that the amount stated in the dn (in january 2010) is re the arrears,would it be helpful if I typed up what it says in the DN ?

Ford, In the Terms And Conditions they sent to me in response to my request for a copy of the agreement under the (CCA) it says, In The Payments Section. Your Payments. 1.a If you have taken a loan for payment protection insurance (PPI) you agree to pay us the total amount payable for the loan and the PPI loan shown on the Credit Agreement by monthly instalments shown and on the dates shown or on other dates which we may notify to you, having regard to what is convenient to you. b. If you have not taken Payment Protection Insurance, you agree to pay us the total amount payable shown in the Credit Agreement by monthly instalments shown and on the dates shown (or on other dates we may notify to you, (having regard to what is convenient to you). c. If you have taken an Abbey staff loan, you agree to authorise your employer to make payments due from you under the Credit Agreement direct to us by deduction from your wages (having regard to the cut-off date which may apply in certain circumstances). This includes salary and profit share or any other payments due from your employer. We may agree an alternative arrangement that is acceptable to us. Application Of Payments. 2.a Payments received by us under this agreement will be applied first towards the intrest due and then towards repayment of the loan(s) and the PPI loan (at our discretion) if applicable. b. If any payment received by us is less than is needed to cover the monthly instalments due from you under this Agreement and any sums due from you under any other agreements which you have with us, we shall decide which of your accounts to credit with the payment, unless you tell us what you want us to do. In The Default Section. 3.1 If you fail to pay any monthly instalments or part of it on your due date (or within 14 days of that date) or if you break this Agreement in some other way this is what will happen. (i) The unpaid balance of the total amount you must repay shown on the credit agreement (less the rebate, if any to which you are entitled) will become due and payable to us, and (ii) we shall be entitled to demand payment of the unpaid balance(s) less any rebate to which you are entitled but, (iii) we shall have to give you at least 7 days notice in writing to give you a chancr to put things right if this can be done or to pay us compensation if not. This is called a default notice, (iv) we may charge you interest on the amount overdue at the same rate as interest on the loan from the date of the default notice until the date it is paid. (v) in addition we will charge your account with our costs of enforcing our rights under this Agreement including tracing costs, collection agency costs and legal costs incurred. Any such costs charged by us will become due and payable immedately and will not be subject to the terms of any default notice issued to you. 3.2 We may change the default charges referred to in the Credit Agreement to reflect any changes in our costs. If we increase our charges we will give you 30 days written notice before the change takes effect. In The Your Instalments Section. 8.a Interest is calculated for the whole of the loan term on the date this Agreement is made and is charged to your account on that date. Your monthly instalments are made up partly of loan repayments (or capital) and partly of interest. They will remain the same. b. Each monthly instalment contains more intrest (and less capital) than the next so that when payments are made more interest is paid off at the start of your loan term than at the end of it. c, We use a formula specified by the Consumer Credit (Early Settlement) Regulations 2004 to calculate exactly how much interest each monthly instalment contains. The Term Breached As Stated In The Default Notice Re: Your Personal Loan Agreement With Santander UK plc. PROVISION OF AGREEMENT BREACHED: The clause which requires you to make payments at the time stated in the agreement. NATURE OF BREACH: Failure to pay the overdue amount. ACTION REQUIRED TO REMEDY: Payment of the overdue amount of £ XXXX.XX to us within 14 days of service of this notice. The Specific Terms The Claimant Refers To In Support In Their Wit Statement Point 4 in their Wit statement says, The Defendant made use of the credit facilities provided under the Agreement. Under the financial Terms and Conditions of the Agreement, the Defendant was contractually obliged to make 96 monthly payments of £xxx.xx. There is now exhibited hereto marked XXXXXX a copy of statement provided by the Claimant's predecessor in title. Point 6 in their Wit statement says, On xx January 2010, pursuant to section 87(1) of the Consumer Credit Act 1974 (the Act), a Default Notice was served upon the Defendant requiring payment of the arrears to be made, the Defendant having failed to make payment in accordance with the terms of the Agreement. The Defendant failed to comply with the same and therefore the Agreement was terminated. There is now exhibited hereto marked xxxxxx a reconstituted copy of the said Notice. These are the only paragraphs that mention anything about the terms in their Wit Statement.

Hi Ford, On my original copy of the agreement there are no sections regarding Termination, Ending The Agreement, or Payments. In the Terms And Conditions the various sections are headed, Your Payments, Application of Payments, Default, Bankruptcy etc, Disclosure of Information, Settlements of Existing Accounts, Optional Payment Protection Insurance, Your Instalments, Early Settlement, Personal Agreement, Extentions of Time etc, Transfer by Us, Definitions, I will go through all again and look for what you mentioned, I will also post up what it says under Your Payments, and Application of Payments,

Thanks Andy, very informative info, Ford, I have been through all my docs, and the ones they have in their witness statement and there is no mention of limitation periods, so i guess as Andy mentions, If a contract which is governed by English law makes no mention of limitation periods, then the statutory periods provided for by the Limitation Act will apply - usually, six years from the date on which the cause of action accrued for simple contracts,

I received a copy of Hoists witness statement from Cohen solicitors, Looks like they are saying it is not SB because the cause of action is the loan termination date which was 30 Jan 2010 and not the last payment date, To highlight this point they refer to the court decision made in the case of BMW Financial Services (GB) Limited-V-Hart Case No B2/2012/0849: where it was found that the limitation runs from the point of termination. They have also included a reconstituted copy of the default notice which has several mistakes in it , I guess it would not be a good idea to highlight those mistakes here. Any advice as to what i should do now would be very welcome.

Can anyone go over my witness statement and give any advice please ? IN THE COUNTY COURT Of xxxx xxxx Claim No. xxxxxxxx BETWEEN: Hoist Portfolio Holding 2 Ltd Claimant AND xxxxx xxxxx Defendant WITNESS STATEMENT OF xxxxx xxxxx 1. I xxxxx xxxxx the defendant in this claim appear before the court as a litigant in person make the following statement believing it to be true will state as follows: 2. It is admitted that I have in the past had financial dealings with Abbey. 3. On the xx June 2009 I made a payment of £xxx.xx by direct debit to my Abbey loan I refer to a copy of this as xxxx. 4. On the xx August 2009, I sent a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. Requesting a copy of the credit agreement relating to account No xxxxxx xxxxxx. This was sent by recorded delivery and was delivered to Abbey on xx August 2009. I refer to a copy of this letter and proof of delivery as xxxx. 5. I received a letter dated xx September 2009 from Abbey in response to my request It contained a bad photocopy of the loan agreement which in places are illegible and Terms and Conditions relating to February 2003 I refer to a copy of this letter as xxxx. 6. On the xx October 2009 I sent an ACCOUNT IN DISPUTE letter to Abbey because I had concerns as to the authenticity of the credit agreement I had received from them which in parts are illegible. This was sent by recorded delivery. I refer to this letter and proof of delivery as xxxx. 7. Around mid January 2010 I received a Default Notice from Santander dated xx January 2010. I refer to this notice as xxxx. 8. Around mid January 2010 I received a letter from Santander dated xx January 2010 to inform me of their intention to register default information with Credit Reference Agencies. I refer to this letter as xxxx 9. On the xx March 2010 I received a letter from Santander confirming termination of my personal loan agreement with santander UK PLC. I refer to this letter as xxxx 10. On the xx August 2015. I received a copy of your latest statement from Hoist Portfolio Holdings 2 Limited. I refer to this letter as xxxx 11. On the xx August 2015 I also received a copy of your Notice of Sums in Arrears from Hoist Portfolio Holdings 2 Limited. I refer to this letter as xxxx 12. On the xx December 2015. I received a Claim Form from the County Court Business Centre, The Claimant being Hoist Portfolio Holdings 2 Limited. I refer to this letter as xxxx 13. I will now refer to my defence in this case 14. It is my belief that any agreement I may or may not have had with Abbey latterly santander UK PLC is subject to Section 5 of The limitation act 1980. 15. To the best of my knowledge my last payment on this account was made on the xx June 2009. 16. In excess of six years have elapsed since the date on which any cause of action for breach occurred 17. It is my opinion that the claimants claim is fanciful and contains no proof, they are totally unaware of the details of the debt they have purchased, and they are expecting judgment/relief be granted relying on the court to base its decision on assumption and basis of probabilities. I believe that the facts stated in this Witness Statement are true. Signed: xxxxx xxxxx Date:

That's a big help, thanks dx 100uk i will get started again on my witness statement, i have a few weeks to draft it and send it off before the deadline, and a little over a month before the court hearing.

Ah ok back to the drawing board then, I guess i should lay it out like you suggest in this post then, Post no 26 http://www.consumeractiongroup.co.uk/forum/showthread.php?367250-Help-Witness-statement-for-statute-barred-defence/page2 Thanks Andy.

Just working on my witness statement and need some help on what to put in Paragraph 3 WITNESS STATEMENT OF xxxxx xxxxxxx I make this Witness Statement in support of my defence in the claim and will state as follows; On the xx of December 2015, I received a claims form from the County Court Business Centre, Northampton, for the amount of £xxxx.xx [EXHIBIT A]. The particulars of claim state: 1. That this claim is for the sum of £xxxx.xx in respect of monies owing pursuant to the Consumer Credit Act 1974 (CCA) under account no xxxxxx xxxxxxxx. 2. The debt was legally assigned by Santander UK PLC to the Claimant and notice has been served. 3. The Defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant pursuant to Section 87(1) CCA. The Claimant claims 1. The sum of £xxxxx.xx 2 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the xx/xx/15 to the date hereof 15 days is the sum of £34.12 3. Daily interest at the rate of £2 .27 4. Costs 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 2 is noted I have in the past had a contractual relationship with Santander UK PLC. However the Defendant maintains that a Notice of Assignment was never received. 3. Paragraph 3 is denied as the Defendant (Any pointers or ideas I can put here) 4. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show and evidence any breach. 5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Statement of Truth I xxxxx xxxxxxx, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: Dated:

Just working on my witness statement and looking for some pointers as how to do it. Should I just list the particulars of the claim and state something along the lines of the debt is statute barred, and list the last date I made a payment