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balina2

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Everything posted by balina2

  1. I've had no response from Canada Square despite phonecalls and written request. No further from Shoosmiths. I've asked the court if I can amend my defence am awaiting approval to do so from the Judge. Hearing only 2 weeks away. When I phone to chase I get told to wait to hear. Any advice on next steps?
  2. Yes have phoned - everything has to be dealt with in writing.
  3. I cannot find anyone in Canada Square Operations who can look into the query as they are apparently only set up to look into ppi requests and I am left with only their address not a phone number/email. Shoosmiths latest is ....... As you are aware, my client is not the original creditor and as a result would not hold details regarding the source of the payments made. I confirm my clients position remains the same in that the defence you have filed appears to be a bare denial of any debt owing, and the documentation we have provided clearly shows you are liable for the sum claimed. This is why I am asking, do I have to resubmit a new defence now to say it is statute barred debt? And I refute the payments referred to, and can provide bank statements showing no payments were made and that despite a request for strict proof none is given. Is this the next step? And do I have to do this by contacting the county court directly?
  4. The response I am getting (from Shoosmiths) is as follows You have requested strict proof of where the payments came from, as the bank statements you hold show no such payments. In response I confirm our client is not obliged to provide you with details of where the payments came from and reiterate that the statements we have provided are sufficient evidence of payments being made towards the account. It is not clear from your email, but it appears you are suggesting somebody else has made the payments detailed on the statement dated 24 August 2010, however, we have no evidence to suggest anybody other than yourself made payments towards the account. Any tips on next steps from here? Do I now update the County Court with an amended defence?
  5. Shoosmiths are saying that the statement is considered proof of payment, despite me requesting details on where the payment came from. I have told them that I have proof otherwise to show payments were not made from my bank account at the time. Should I be contacting the County Court to amend my initial defence to include my dispute of these payments? So in effect changing my defence from 'prove it' to it is statute barred and I have not received proof otherwise.
  6. It it strange that it says 'It was sent to you on....' rather than the original date which shows it isn't an original surely? I never received this statement
  7. I meant they haven't indicated where the payment has come from in writing. That's why I'm asking do I contact Shoosmiths now and ask for proof of payment? Payplan are telling me they have no record What I can't get a conclusion on is do I ask for proof of payment? As I've evidence otherwise. Does the fact it has PPI help a defence?
  8. They haven't indicated where the payment has come from. There has been no mention of Payplan Who am I ringing specifically on the PPI front?
  9. Do I therefore contact Shoosmiths now and state that he evidence they provided relates to a statue barred debt and the payment they are claiming I made is false. And that I can prove this with supporting bank statements (to be provided at the hearing) over the period they cite? The hearing is end of October The only statement I have submitted to date is my original defence which was to prove it
  10. So there's no argument because my defence was filed as asking them to essentially prove it? I cannot argue that the evidence since provided doesn't stack up?
  11. I cannot see those uploads now but there is an annual egg loan statement showing last payment as August 2010. I've never seen this statement before and still refute the payment . But is this a fait accompli because they can mock up these annual statements ? As I've not acknowledged the debt I'm really unsure how to proceed when I go to court. Can I now submit a defence of the debt being statute barred as I do not believe their statement showing last payments to be true? If I retrieve a bank statement proving this will this suffice? Do I submit this defence at court? Or should I contact shoosmiths and say I want proof of last payment as I've evidence to the contrary? Any help greatly appreciated
  12. I have attached here Thank you for your help Docs 1.pdf
  13. I have read through that summary judgement link and tried to do more research on this but am still tying myself in knots . If they have a copy of the credit agreement from 2004 and a statement from Egg (which I dispute) showing last payment as August 2010 (which I dispute) then how do I form a defence? I did have an account with Egg back in the early 00's so I don't dispute that but I do believe this claim is now statute barred I don't believe any payments were made by me in 2010. So how do I turn that into a formal defence? And is it likely to stand up? Advice again gratefully received.
  14. Thanks - I don't have access to a scanner until Monday but can do. Should I contact Shoosmiths now and request proof of payment or do I have to file this as part of a defence to the Court?
  15. Hi, I have now received all the court paperwork. The date is set for October. My initial defence was that I disputed ownership of the debt given no paperwork was provided. Their argument to the court is that as they have now provided paperwork (as I mentioned further up the thread) that they are entitled to pursue me. Their paperwork claims that the last payment was in August 2010. I still dispute this though and their paperwork looks reconstituted (for example it isn't date stamped it says 'it was sent to you on X date'. Do I have any leg to stand on with any of this? Or are they going to get this through with this paperwork? I cannot prove I didn't make a payment in August 2010 as I have no bank statements from back then (and changed banks since) I also haven't made any further defence as am unsure what I say on this front - other than I dispute the validity of the paperwork and as part of that dispute making a payment in 2010. Any help hugely appreciated
  16. It says the court will contact me directly with notice of the time, date and place of hearing. I have requested those copies from the Court, via email as they are impossible to reach on the phone. Thank you for the advice so far
  17. Thanks for your speedy replies There was nothing attached to the Notice of Transfer - it was just a one pager. On the 15th December Shoosmiths sent me a copy of a loan agreement from 2004. They also sent me a loan statement which shows last payment as 20th August 2010. I have no record of these payments leaving my bank account. They are claiming the payments came via Payplan. When I contacted Payplan they had no records of this. I still need to dig out my original defence but it was/is essentially that I do not acknowledge nor have acknowledged this debt. Despite their loan statement how do they prove the last payment was August 2010 when I dispute it?
  18. Please help - I have received a letter today 'Notice of Transfer of Proceedings' from County Court Business Centre. Saying the claim has passed to my local County Court to deal with the claimant's appllication for summary judgement. What happens now? Any advice hugely appreciated.
  19. I never received written confirmation of it being discontinued no. And I have just received this today from Shoosmiths........ Thank you for the below email. I have spoken with the Court who have confirmed that the claim is stayed as a result of the time that has elapsed since your initial defence has been filed, rather than discontinued. This means that to continue with the claim our client will need to apply for the stay to lifted. Please therefore provide us with your amended defence for our client to review, we can also then confirm to the Court that we consent to your defence being amended. Should our client still believe that your defence has no merit, we may be instructed to then proceed with an application for the stay to be lifted and for Summary Judgment to be entered against you. Am at a loss on how to tackle this
  20. Thank you both Sorry one more question I have an email from them now too! They have asked if I will be filing an amended defence in light of the documentation provided. How can I file an amended defence without any further correspondence from the Court?
  21. Apologies for resurrecting this thread. I did go back in December to the Court and they claimed it was discontinued. And then I head nothing more until today when I receive another letter saying the following: We note that to date you have not responded to our previous correspondence from the 15 December 2015. You have now been provided with the required documentation and evidence to substantiate the amount owed to our client, at present being £10,000. Going forward, should you wish to continue to dispute liability for the amount claimed, we will allow a further 7 days for you to file and serve an amended defence. Alternatively we ask that you provide our office with your proposals for the settlement of this matter , using the provided Income and Expenditure form. In the absence of an amended defence or proposals for consideration by 4 May we are instructed to proceed with an application for Summary Judgement. Not sure what to do with this? I have received nothing further from the Court............
  22. I phoned the court today to double check and they're saying it isn't discontinued only stopped. They said the claimant would need to reapply to them to pursue further.
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