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J2005

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  1. Thanks. Just wanted to be sure so the judge didn't laugh at me. Will put the new amended 7 in now. Bad though not unsurprising that they send letters, clearly from the same place, but claim to have come from different companies.
  2. Andy The Notice/Termination - Is that the one from 2009 or the one that I get sent when this went to Hoist? I received these from Hoist as part of the Documents for Filing I mention. Doc 1 and Doc 2. Just want to check they aren't the notices I mention in point 7. What I have also noticed from these two documents - Is that one appears to look like it is from Santander and the other from Hoist/Robinson Way. However they are both exactly the same format and both have the same reference in the bottom corner of the letter CL/B/N/22. Is there anything useful in that?
  3. Number 7 now reads as 7. This account was placed into default on 11th April 2009. I did not receive a Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974 from the original creditor. If the claimant believes it was sent, no copy or proof of service has been provided.Therefore the Claimant is put to strict proof that this was served and also disclose a copy on which its claim relies upon.
  4. Thanks I am going to remove the credit report exhibit as it shows the account balance reduce and last updated date as May 2010. Whilst I know they need to provide proof I made a payment, I don't want them to be able to point to this from something I give them.
  5. Thanks. I've no recollection of receiving any notification along them lines. I've only ever known it by it showing as a default on my credit record.
  6. So this would be the one from Santander saying my account has been defaulted?
  7. I don't recall receiving it but I may well have? Thanks for reading this through Andy
  8. Just wondering if anyone had any thoughts/comments on my witness statement? I need to send it Monday you see.
  9. Ok, so I have been through all the advice and other threads and put this together. How does this look/sound? Anything I should add in/take out? IN THE COUNTY COURT AT XXXX Claim No. XXXX BETWEEN: Hoist Portfolio Holding 2 Ltd Claimant - and – Defendant Me _________________________________ WITNESS STATEMENT OF ME _________________________________ I xxxxx of xxxxxx being the Defendant in this case state as follows; 1. I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary. 2. On 3rd June 2015, I was sent a Claim Form from the County Court Business Centre, on behalf of the claimant. 3. I acknowledged this claim and stated my intention to defend and subsequently filed a defence on 3rd July 2015. (Exhibit A) that the debt is statute barred pursuant to the provisions of section 5 of the limitation act 1980. 4. On 16th June 2015, I made a written CPR 31.14 request to the Claimant, Hoist Portfolio Holdings 2 Ltd, (Exhibit B) with a copy sent to their solicitor Howard Cohen and Co, requesting copies of documents mentioned in the particulars of claim 5. These letters were responded to by the claimants solicitors, Howard Cohen and Co on 16th July 2015, after the deadline for the submission of my defence, stating that they were retrieving the documents and granting an extension of time. To date, no response to my CPR 31.14 request has been forthcoming. 6. On 11th September 2015, the claimants solicitors Howard Cohen and Co, wrote again providing documents for filing (Exhibit C). These documents include a copy of the account application form in April 2003 and a reconstituted transaction summary of the account. The letter wrongly states it is a copy of a credit card agreement. The application form fails to mention any overdraft facility which would not have come into effect until September 2005 when I started higher education and this became a student account. The transaction summary contains a reference to a Payment Received, amounting to £30, with a transaction date of 20th April 2009 to 8th May 2015. No further information is given. 7. My only reference for default on this account is a copy of my credit report which says the account was defaulted on 11th April 2009 (Exhibit D), as I did not receive notice of termination from the original creditor. 8. I have not made payments to this account, and cannot understand how if the account was defaulted and subsequently closed, how payments to it can be made at later dates. 9. Furthermore, no information has been clearly given on the transaction summary, or by the claimant as to how this payment was made, by whom, to whom and on what date. 10. On 24th September 2014 the claimants solicitors Howard Cohen and Co wrote to me (Exhibit E) saying that following the mediation appointment held on 18th September 2015, they have as requested queried the payment in question from 20th April 2015 to 8th May 2010. They say that Santander confirm the payments are from when the account was referred out to the debt collection agencies in the name of Credit Security and Debt Managers Ltd, and that they contend the claim is not statute barred. 11. Again, no proof of payment has been provided by the claimant or their solicitors. I have no knowledge of these debt collection agencies. No information has been provided to explain how and why the transaction summary in Exhibit C shows payment received amounting to £30 with a thirteen month transaction date is two payments to debt collection agencies that are not mentioned on the transaction summary, nor is there any information on when a payment was made and to whom and for what amount. 12. Therefore I believe the debt to be statute barred and the claimant has failed to prove otherwise. Statement of Truth I, xxxx, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: ________________________________ Dated:
  10. Hi Jack It is easier if I break down your reply and respond accordingly. My replies are in read, yours in black above. I would make it clearer to the court that you have asked the claimant for proof of where how and when the alleged payments were made. So I should say I have asked for proof and all they have done is given me a name and no dates? You vehemently deny you have made those payments, you have checked all your accounts for that period, you have accurate records and no payments have been made by you. The claimant has failed to comply with your request to supply the requested information. The whole SB case rests on this information being made available by the claimant. I would ask the Judge to order them to supply it. Do you have your real bank statements for the time these payments are alleged to have been made?? please answer!... I see in post 5 you say you were sent them so best to confirm.. I have checked my account statements for this period. It's only from ringing Santander at the beginning of this process, which I mentioned in post 11, that gives any indication about when these payments were made. Howard Cohen have given no information other than the names of who I am supposed to have made payments to. As I mentioned in post 11, "Just spoken to the bank - after passing me on to collections they then just tried to give me the number for Hoist. I was then told the last action on the account was May 2010, but she only proceeded to then tell me about a credit in January 2009. When asked about this, she said the account was closed in May 2009. However she then said there is a credit in Aug 2009 of £10 (She said she didn't know how this was paid, just that it was a credit) and another in May 2010 for £20. I've re-checked my bank statements for that period now - I can not find details of a £10 payment in Aug 2009 and I can see a payment for £20 in May 2010 but the dates are a few days different and this payment is to a Credit Security Ltd." Credit Security are one of the creditors that Howard say I pay. However they have not provided proof of this payment - only the print out in the docs in post 110. At post 110 you have uploaded some documents.. are these what they have supplied under the CCA request? did you do a CCa request (haven't time to read the whole thread again) on the grounds they have stated in their solicitors letter it is a credit card account.. No, these are the documents they sent in response to my CPR request. It's an overdraft account, as the county claim form said. They, I suspect, just haven't amended the standard letter they send out. Have they sent you anything else regarding the Agreement that you haven't uploaded..its difficult to help without fuller knowledge. No other documents regarding the account have been sent to me They are saying that I have requested (I haven't) and they have checked with Santander who have confirmed the payments were when they referred the debt to other debt collectionicon agencies (and they have named these in the letter). I just don't get all this. If you paid a DC how did that payment end up as coming from you? On mine a Dc payment account was set up. I don't know how they are saying these payments are from me. They are saying I made payments to these debt collection agencies. They have not provided any other information apart from I allegedly made the payment to. The only 'proof' is the account print out and letter in the docs in post 110 I don't know if this originally started as a Overdraft at 16 or student university account at 18 or a credit card as n the solicitors letter. It's an overdraft account. That's also what the claim form says. I think they just made a mistake on that letter. However my point on this is that I asked in my CPR request for a copy of the signed agreement for the overdraft facility. They have not provided that. All they have sent is a form I signed, which I signed in 2003 when I set up a normal standard account to pay in wages. I didn't start university until Sept 2005 which would have been the earliest I could have gotten the overdraft they are wanting the CCJ on, as I needed to provide proof I was in university to get it You need to be accurate with your own beliefs of what is happening here. I have very little knowledge on overdrafts ... ??? help is on its way. I would be very tempted to push the proof issue and make them sweat ... and work towards a very low one off repayment! regards Jack
  11. Yes I mean witness statement - amended now! Court is 2nd December, copies need to delivered no later than 14 days before so I plan to send it recorded delivery on Monday, getting there 15 days in advance.
  12. I can't find an example of a statute barred witness statement on here. Looking at other templates, I was thinking something along these lines (I probably need to word it better)? Claim No: XXXX in the court of XXXXX Claimant (Name) v Defendant (Name) 1. I am the defendant in this case. 2. On x date, I received a county claim form for the sum of £XXXXXX 3. I submitted my response on MCOL, stating I would defend this case. 4. I submitted my defence, that as per the Limitations Act 1980, this claim was statute barred. This account was defaulted on x date. 5. No payment has been made to this account since this default date and I have not acknowledged this debt in writing during this time. In excess of six years has passed since this default and therefore this claim is statute barred. 6. I wrote to the claimant and their solicitors on x date, under CPR 31.4, requesting........ 7. The claimant's solicitors responded with a document showing the opening of my account in 2003 with no mention of the student overdraft facility for this account which could only have come into effect in 2005 when I started university. (Appendix 1). This document is not in fact proof of an ovedraft facility agreement. 8. The claimant's solicitor also provided a typed document showing transactions on the account.(Appendix 2) They say that payment was made but give a vague period of time in which payment was made, and no information to whom an amount was paid, how much or exactly when. 9. The claimant's solicitor in a letter (appendix 3) say that these documents show the account is not statute barred. These documents do not show the account is not statute barred and no proof has been provided. The burden of proof is on the claimant. 10. The claimants solicitor wrote to me on x date (Appendix 4) to say that I asked during a mediation appointment for proof of payment. I did not. 11. This letter states that payment was made to two creditors, both of whom are not the claimant or the solicitor, and that this proves the claim is not statute barred. This is not the case and no proof of payment has been provided.
  13. Here are the docs people have mentioned and that I have referenced when talking on here. Page 1 is their response to my CPR request. You will see it mentions Credit Card agreement. (It's an overdraft). Page 2 is the statement they reference in their letter (it's the last page of the statement and last transactions. As you can see they claim credits over a broad period of time. There are also a lot of charges!) Page 3 and 4 is the agreement they wrongly mention, it was my application for a bank account (I already had an existing junior one). This application was two years before I started university and had a student overdraft. Page 5 is the letter I mentioned earlier in the thread that they sent after my mediation appointment. Page 6 and 7 is notification of allocation to the small claims track at court.
  14. Sorry, I've been very busy with work so not come back to this yet. I will scan the documents later - I have their letter. Obviously I can remove the identifiable features but if they are looking, I would imagine the letter plus other info in here anyway would make it identifiable? Ford - they said I had made payments, I said I hadn't. They said they would check this and I said feel free. Obviously this is stuff they can't use. They then wrote to me, referencing the mediation, saying they have asked Santander and these were who you paid, naming two DCA's. As I say, I recognise one of the names. They haven't though provided info on when I paid, how much to each, how I paid etc.
  15. I've received this morning the notice of a hearing to take place on 2nd December It runs through what I assume is the normal stuff that says must deliver copies of all documents etc that will be used in court 14 days in advance. So what would I need to pull together - just my witness statement? I have no doc's to present. Do I, in the meantime, ask for evidence of these payments? Or leave them to prove it on the day? I wouldn't want to know a couple of weeks and discover they have it though - if they have it now or in advance of this, I would rather know. In terms of my witness statement - I say it is SB. Do I also make reference to the docs they have sent in my CPR, the document which shows my account opening but nothing about it having an overdraft?
  16. It's all on the alleged payments yes. Is it worth, asking them for prove if they have it?
  17. Can't recall. A lot interchanged - so much so that I am (or may have just finished now paying a separate debt, that Cohen's subsequently took over!)
  18. Only physical stuff is a long print out of transactions back to 2007, which on the first page shows last transaction as being £30 paid between April 09 and May 2010
  19. I can't recall. I was, for a sustained period, getting a lot of phone calls and didn't deal with them all well, hence ignoring. But I can't say thinking back
  20. UPDATE... I've looked through bank statements again. From the letter sent to me by Cohens naming the two DCA's I apparently made payments to, a name matches - Credit Security. With the info mentioned on post #11 through to #21 on here when I spoke to Santander, and double checking statements again, I have made a payment to Credit Security that seems to match. Now I genuinely don't know what to do.
  21. I need to go back through all my old bank statements and check for any payments made to DCA's (I had a few different debts at the time) and see if they match the names they have put on the letter as people I have paid money to. I guess if there was to be a match on looking, I'd be on a slippery slope?
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