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Posts posted by J2005

  1. I don't know. This is everything it says...


    'General Form of Judgement or Order' is at the top along with a box with info on the court claim no, date and my dob


    It then lists the case, Hoist v Me


    Then says..


    "Before Deputy District Judge .....


    It is adjudged that


    the claimant recover agains the defendant the sum of £1,853.65 for debt and interest to date of judgement and £355.00 for costs amounting together to the sum of £2,208.65


    The defendant having paid the sum of £0.00


    It is ordered that the defendant pay to the claimant the sum of £2,208.65 on or before 4:00pm on 18 December 2015'


    It then has a warning about iff I ignore it then goods may be removed etc, then a box on address for payment which is Howard Cohen & Co and then how to pay saying keep records, pay them not the court, leaflets on registered judgements, how to pay and what do to if you cannot pay are available from court.


    At the bottom it tells me it is an N24 General Form of Judgement or Order

  2. I've now received a general form of judgement or order. Literally only just turned up and tells me I have until next Friday at 4pm (18th December) to pay. The hearing was on 2nd!


    Now I want to pay it all but I:

    1. Didn't think it would be such short notice

    2. It doesn't say anything about paying before then to stop the CCJ going on my record, if it even does?

    3. It give's no info about what if I don't pay


    Obviously I plan to ring them Monday but obviously this turning up at such short notice has surprised me

  3. Balance of probabilities and the question of payments in connection with the Statue of limitations...does not belong in the same sentence and the DJ should know better and demanded the payments date source etc.


    I suppose you could have disclosed statement showing no payment ...but to use the DJ words ..." it was on the claimant to prove it wasn’t statute barred ":roll:


    Exactly. He even mentioned the lack of evidence when moving towards making a decision. It was all over very quick. I could have pulled out statement after statement - but they would have wanted me to go through dozens of statements to look for a payment, in that period (my bank does it on transactions, not calendar months). I should have made this point I suppose but it didn't come up until at the end (of what was a very short hearing).


    As shamrocker says, I literally could have printed a kale statement - nothing was verified.


    If I didn't want to avoid the CCJ so much having had defaults for the past 6 years and felt it's impact, I would be a pain in the arse about repaying them and make it the lowest/slowest I possibly could!

  4. Sorry to hear this. It's easy to question whether you did as much as you could. I have similar regrets because I was very naive to the process - my claim involved over £20k! As long as you hammered home the points well enough that there should be no doubt, never mind on the balance of probabilities, if the claimant can simply consult their records and supply more details of said payments, starting with the dates made - then you cannot really have done much more. With you denying that payments were made and them unable to prove otherwise, the law concludes that they cannot pursue any claim against you. It doesn't sound like you had a very helpful judge.


    Don't dwell on it. Learn from the experience and move on.




    I wonder whether I made the points as forcefully as I could, I don't know if nerves got the better of me or whether I didn't think it was appropriate. The claimants solicitor did try to use something I said saying that I had said the payments had been made when I had in fact said the only evidence of payments being made is the claimants word- I pointed out to her and the judge that I had said the claimants witness statement mentioned this not me.


    The judge did seem really hesitant that this wasn't clear cut - I do maybe think if I had a solicitor, it may have been different. But it's easy to say in hindsight.


    I just want to get the judgement now and take the relevant action to try and put this behind me. Hopefully be the last time I ever need to go through anything like this.

  5. The judge opened up saying it was on the claimant to prove it wasn’t statute barred.

    They had sent someone to represent them (not the person on the witness statement).


    He did initially start off questioning that the transaction summary said payment received

    but that the claimants had said payments in their witness statement.

    He questioned which it was.



    He also made the point that the payment could feasibly be made in April 09 so be statute barred, and asked them about proof of payments.



    The claimant solicitor said that the date of May 2010 was the last date entered, the debt was still owed,

    so they contested that May 2010 was the date of the last payment.

    Otherwise the record would have just showed payment up to 2015.


    I was asked about the point on why it was statute barred based - I said I had no record of payment, that no proof had been provided.


    The claimants solicitor made a point that I hadn't provided any bank statements to show a payment hadn't been made.


    The judge said on the balance of probabilities, a payment was made and the last payment was May 2010.

    There was little thought from him on them saying two payments but not proof of that, how much etc.

    No questioning of the transaction summary essentially being a print out.



    What I believe started hopeful, ended with that.


    I’m annoyed cos I am now wracking my brains thinking did I make a strong enough case, was there anything I could have said. But it is what it is now I suppose.


    Thanks to all those who have helped.

    When I receive the judgement and have made a payment,

    I will make a contribution to the site.

    I have appreciated the advice and comments.

  6. Hi Andy


    I will provide a fuller update shortly.


    I'm just checking on the judgement process as it stands

    - does anyone know when a CCJ shows on my credit record?



    I intend to pay it in full as I understand if I pay it in one month, it doesn't stay on my record for the six years.



    However, I am reading conflicting messages

    - that it goes on within a few days,

    then I need to pay it and have it removed.



    Or that it doesn't gone on until a month after and if I pay it before then, it never goes on.



    The reason I ask is I am due a bank appointment next week and don't want it on there,

    particularly as I do intend to pay it off.



    Obviously if it goes on straight away then comes off later,



    I will defer my appointments

  7. Yes, but you also need to point out the anomalies in their assertion that your SB defence is unfounded - i.e. why is the alleged payment not itemised like every other entry on the account statement? Why has the claimant issued a claim when there is every possibility that the payment to which they refer, if it was made at all, was made pre June-2009 - thus is clear evidence before them that any debt could be statute barred? Didn't they think that it needs to be clarified before issuing a claim? Therefore, can the claimant now provide conclusive details that the payment they base their challenge to the SB defence upon defeats that defence?


    How are you planning on addressing this?




    Likely along the lines of what you have said. No evidence, if I made a payment, why don't they have the info, how are they so sure but can't tell me, no info on when it was so could it have not been pre June.

  8. It is not a usual bank account statement that I have ever had off Santander.

    It looks nothing like the ones they send, nor a print out of one online.

    It looks to me like data has been exported in to a spreadsheet and the headers - account no and Logo etc, stuck on.



    There's nothing from Santander to say this is the account, a signed record or anything.



    There's nothing from Santander, other than the solicitors word, that Santander have told them about payments.



    There's nothing from these DCA's about these payments.



    There is nothing about when these payments are.


    Regarding the alleged payments - what do you mean?


    The claimant has given me absolutely no information on who I am meant to have paid

    other than their names and that the payments are between a certain time period and amount to £30.



    They haven't given a precise date for when I supposedly paid either of them,

    or how much I supposedly paid each one, and how I supposedly paid.



    The only 'evidence' they have given is the account print off and the letter.

  9. I think I have removed all identifiable text - my name, reference numbers and the claimant witness statement name.


    On point 3 and 4 of their statement (Page 2), the form signed in 2003 (Exhibit 1) - it is the account opening from 2003, not from when I got the overdraft in 2005. The Terms and Conditions I have never seen as I recall. They've attached them but never previously sent them to me.


    On point 8 (Page 3), they mention payments. This is exhibit 2 - what just looks like a print out on a spreadsheet.


    On point 9 (page 3), exhibit 6. However they provided no proof, just two names. And no further info. I assume I would contest this point in the hearing?


    (EDIT: Attachments put in to one doc on dx's advice. Thanks!)

  10. I received the claimants witness statement on Wednesday but I was away for work.


    I have read through it and the 'exhibits'. Is it worth me posting it on here?



    I have a couple of questions you see.


    The first thing I have noticed is they have provided no further info on 'alleged payments'

    save to say that they believe the letter they sent me after mediation was proof and that I have 'failed to engage' since that was sent.



    Is this the kind of point I should be responding to in the hearing, as I don't have nothing to engage in

    - a few days after receiving their letter, I received the notice of the court hearing.

    All the claimant asked me to do was consider withdrawing my defence!

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