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balina2

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  1. The last message from them was to say Should you still refuse to provide us with the relevant documents and at the hearing the Court decides to provide you with the opportunity to rely on any further evidence, then we will invite the court to adjourn our application and relist it at the first available opportunity, after 28 days, to enable our client to consider the same. In addition we will be seeking an order that you pay the costs occasioned by the hearing as such costs would have been avoided had you disclosed the relevant documentation beforehand
  2. Thank you very much for this. No date has been set yet - I checked with the Court today. Therefore am I requesting it is set aside? Is that the correct terminology?
  3. I have read through other examples but would greatly appreciate a steer - have cut down the original statement to the below. I have not received a new date as of yet I am the Defendant in this case and I make this witness statement in support of my application to set aside the default judgment in 31st October 2016 (date being rescheduled) 2. The matters referred to in this witness statement are within my own knowledge, except where I have indicated otherwise. Where any matters contained in this witness statement are not within my own knowledge, I have stated the source of my information or belief. 3. I confirm that I consider this matter to be statute barred by virtue of the Limitations Act 1980, as the last payment or acknowledgement was in 2007. This coincides with the Default Notice exhibited by the Claimant. The Claimant further discloses an alleged reconstituted statement of account covering the period September 2009 to August 2010 which indicates sporadic payments of £3.61 deducted from the account balance. I did not make these alleged payments, nor anyone on my behalf, thus they are denied. Consequently, the Claimant is put to strict proof to evidence any transaction history within the six year period prior to the date of claim issue. 4. I did not receive any evidence of this debt from the Claimant until the 3rd of May 2016. At which point they sent me an alleged reconstituted copy of an Egg statement showing payments made in 2010. I knew these payments to be false and contacted my Bank at the time for relevant statements. I also contacted the Claimant several times between the 21st and 28th September to ascertain further information on the source of payments and validity of the statement as I knew both to be false. They responded that they were not obliged to provide this information. I also contacted the Original Creditor in September 2016, in writing and by phone, for information on these alleged payments. However they confirmed they had no records of these payments on the account
  4. Thanks for this. How would you suggest I re write? Do I refer to any of your points? And finally, how do I submit? Via email or hard copy in post?
  5. Hi, I have drafted as follows. May be too much information, so appreciate feedback. I really wanted to get across two things though, firstly the reason why my initial defence wasn't that it was statute barred and secondly that I have evidence to show the payments were not made (albeit that the burden of proof is not on me) I confirm that I consider this matter to be statute barred by virtue of the Limitations Act 1980, as the last payment or acknowledgement was in 2007. This coincides with the Default Notice exhibited by the Claimant. The Claimant further discloses an alleged reconstituted statement of account covering the period September 2009 to August 2010 which indicates sporadic payments of £3.61 deducted from the account balance. I did not make these alleged payments, nor anyone on my behalf, thus they are denied. Consequently, the Claimant is put to strict proof to evidence any transaction history within the six year period prior to the date of claim issue. I have already taken the following steps to garner this evidence myself. On the 3rd May 2016 I contacted the Claimant as follows; I have just received a letter today, dated 28th April which I need further clarification on. You claim in the letter that I ignored previous correspondence regards sending me proof of debt. I need to confirm to you that I have not received any such correspondence so I am at a loss as to your short window of saying you will proceed with an application for Summary Judgement. Please ensure any correspondence is sent to me at XXXXX as this will speed up my receipt of such items. And can you re-send me (or best email me - given your deadline) this proof you claim to have sent me in December. In the meantime I can confirm that I still wish to dispute validity of this debt. The Claimant then finally provided their proof of debt (3rd May 2016) and further proceeded to confirm (on 9th May 2016) that the claim was stayed as a result of the time that had elapsed since my initial defence had been filed, rather than discontinued. I was therefore unable to formally amend my defence at that time. Having then verified the documents they emailed to me, allegedly proving the debt, I found that there was an alleged reconstituted Egg statement showing payments made in 2010. I knew these payments to be false and contacted my Bank at the time for relevant statements. I also contacted the Claimant several times between the 21st and 28th September to ascertain further information on the source of payments and validity of the statement as I knew both to be false. They responded that they were not obliged to provide this information and that the statement was a copy of the original. I also contacted the Original Creditor in September 2016, in writing and by phone, for information on these alleged payments. However they confirmed they had no records of these payments.
  6. Does my WS need to include my bank statements as exhibits? Or can I state that I am able to provide at the hearing but am unwilling to send these to the claimant for data protection reasons?
  7. They've asked for bank statements from the original account, aka the one that I had at the point the loan was setup. They've not stated what time period though. They also asked for bank statements from any account I held in 2010. Both of which I'm considering inappropriate requests. I've never held multiple current accounts. I had one until 2007 then a new one from then. No DMP payments in 2010.
  8. The bank that the loan payments were coming from was closed in 2007. I had a new bank account from thereon.
  9. I can show 4 months bank statements that no money went to Egg in the 2010 time period states on the Egg statement provided by Arrows. Do I now draft a witness statement? Do I email this to both the court and Shoosmiths? In the meantime Shoosmiths are still hassling me as below.. I write with reference to the above matter and further to my emails below. As you are aware, the hearing listed for today has been stood-down due to a lack of Judiciary. Having spoken to the Court, I understand it is their intention to re-list the hearing as soon as possible. In the circumstances, I invite you to forward the copy statements you previously referred to, so that my client may consider the same ahead of the hearing being re-listed. As previously advised, any documents disclosed during the course of these proceedings will remain confidential and will only be used for the purpose of these proceedings.
  10. The court have emailed me to say hearing stood down due to lack of judiciary and will be relisted. Is that simply they don't have a Judge? Would something else have caused this?
  11. That's what I initially thought but upon speaking to Payplan this wasn't the case, although we had arrangement on another debt in 2007. And they never made any payments to Arrows on my behalf as I never instructed them to nor had any dealings with Arrows directly myself.
  12. Am I right in thinking I've two options? Email the court and Shoosmiths a witness statement tomorrow. Or turn up at hearing with one prepared. If they dispute why I've not submitted my dispute earlier I'm hoping I can explain I did contact the court but to no avail (there was no direction from them suffice to confirm hearing date and time) plus I can show email trail where I asked Shoosmiths for proof of payment and queried the statement validity.
  13. This Monday coming indeed. how do I submit a witness statement given I've one working day left is it even feasible? And if I don't does it mean raising my dispute on Monday in person is not possible?
  14. To summarise.... My initial defence to them was prove the debt as no details were supplied. Upon sending me their proof, aka the original loan agreement from 2004 plus an (alleged by me) reconstituted Egg statement showing last payment as August 2010. Having reviewed the Egg statement I don't believe this to be accurate. Based on a bank statement I have from that time plus the fact the statement has a Santander contact number not an Egg one. My dispute now is therefore that this is statute barred debt and I dispute the validity of the Egg statement. Neither Arrows/Shoosmiths or Egg (via Canada Square) can tell me where these 2010 payments originated from. I've been concerned that the court won't hear my dispute on Monday. As I've not filed anything formally. I did phone and write to the court to explain and also request that I put in an amended defence. Their reply was simply to seek legal advice. In the meantime Shoosmiths are emailing me requesting my bank statement. They have also sent me a further email stating they are filing for an additional £750 in costs. As advised I'm not responding to them.
  15. My outstanding question is, given my previous explanations on contacting the court etc do I simply turn up to the hearing with the relevant bank statement, email trail where I requested strict proof of payment and didn't get it, proof I tried to get this from the OC and anything else? I haven't submitted a witness statement because of the court response to seek legal advice. Is there anything else I should be doing other than this?
  16. I haven't submitted anything further no because I contacted the court to amend my defence and as explained I was told to seek legal advice. I would greatly appreciate advice on next steps, as opposed to being berated over something I clearly don't know the ins and out of (hence seeking advice) and its easy to say don't panic but when you receive contact from them pressing on supposed legalities then it's easier said than done....
  17. Thanks. But do I reply to them and say again no I'm not providing and the burden of proof is on them? Am not sure what to reply. And if I don't reply anything will it be held against me at court?
  18. I replied to say I wouldn't send my bank statement they have since sent this. I note you believe it is not appropriate to send the bank statement directly to us, however, I would draw your attention to the Civil Procedure Rules 1998, Rule 24.5(1), in which evidence upon which you intend to rely in response to our Application, must be filed and served at least 7 days before the Summary Judgment Hearing. This was made clear in our Application Notice dated 22 June 2016. Accordingly you are now out of time to submit any evidence on which you wish to rely and it is not permissible to turn up at court with further evidence on the day. In the circumstances, I remain willing to provide you with until midday tomorrow to provide the requested documentation. Should you fail to do so, I will have no alternative but to invite the Court to disregard the same, as our client’s position will be prejudiced as they have not had the opportunity to consider the same. I confirm that any documents disclosed during the course of these proceedings will remain confidential and will only be used for the purpose of these proceedings. Should you still refuse to provide us with the relevant documents and at the hearing the Court decides to provide you with the opportunity to rely on any further evidence, then we will invite the court to adjourn our application and relist it at the first available opportunity, after 28 days, to enable our client to consider the same. In addition we will be seeking an order that you pay the costs occasioned by the hearing as such costs would have been avoided had you disclosed the relevant documentation beforehand. We trust this will not be necessary and that you will now provide the statements to which you refer together with copies of statements from any other current accounts you may have that the payments could have been made from. Again, if the hearing is adjourned we shall seek an order from the court that you disclose details of all current accounts in your name for the relevant period together with copy statements. We reserve the right to draw this email to the attention of the court if necessary.
  19. Yes 2007 was my last payment and was from the account they referenced (which I then closed in August 2007). do I respond to them to say I'll bring my 2010 bank statement to hearing but I won't be sending to them as it's personal data?
  20. No. And I have an August 2010 statement to show that. I'm loathe to send them my bank statements directly. Feels like too much personal information.
  21. Have received this email from Shoosmiths We note you have advised there has been no acknowledgment, of any form, or any payments made in regards to this debt, within the last 6 years. You have also previously alleged the payments detailed on the statement dated August 2010 were not made by you. To enable us to review the position with our client, could you please provide statements for your Bank Account numbered xxxxxxx, sort code xxxxxx being the account you set up a Direct Debit from when you entered into the agreement with Egg Banking Plc, as well as statements for any other Current Accounts held by you, covering the period from 1 January to 31 August 2010. Upon receipt of the above, we will review the allegation the payments detailed on the above mentioned statement were not made by you, with our client, and seek their further instructions. As you are aware, a hearing has been listed for 2pm on Monday 31 October 2016 and we would, therefore, appreciate your response by no later than midday on 28 October 2016. We look forward to hearing from you.
  22. I can bring along bank statements to the hearing but my concern now is that I won't be listened to because my initial defence was for Shoosmiths to prove it. The court wrote to me this week (in response to my request to amend my defence) and the letter simply said seek legal advice. I spoke to the Citizen's Advice Bureau and they said seek out a lawyer. I am not sure what type of lawyer would get involved in this - last time I asked my local one they told me to go to CAB........
  23. So essentially I've no argument? I'll turn up to the hearing and they won't consider my objection? Will they even allow me to input anything during the hearing?
  24. When you ring that number it says 'Thanks for calling SANTANDER. This number is no longer in use.' Either they've put that statement together not Egg (as I believe) and put the incorrect number on it or Santander somehow ended up with Egg's customer service number.......
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