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Everything posted by omz187

  1. Hi There, On Saturday I received letter from the Court titled General Form of Judgement or Order dated 4th December 2015. The claimant recover against the Defendant the sum of £15,603.40 for debt and interest to date of judgement and £0.00 for costs amounting together to the sum of. The defendant having paid the sum of £0.00. As the court has sent this I think I have to set this judgement aside and dispute the amount. I should dispute the whole thing but if the previous Company has made the payment I cannot argue for it being statute barred but I can dispute the additional unnecessary costs to the Court and then agree a payment plan to have this paid back. £50 a month!!
  2. My only defence is that the payment was not made by me, by any account that I hold nor was I privy to the payment being made. If I have to accept the fact that the debt is not statue barred should I at least dispute the amount and the fact that the £14k includes an enormous set of Finance Charges that accumulate to £6k.
  3. Hi thanks. I have not submitted any objections and not compiled a witness statement at the moment.
  4. Hi there, This morning I received correspondence from the Court titled General Directions Order. Before DDJ XXX sitting at CCBC. The will deal with the application to lift the stay without hearing under CPR 23.8©. It is ordered that: The Application to lift the stay and enter Judgement is granted. Note: The order has been made without hearing the Court's case management powers contained in the CPR Part 3. You may within 7 days of the service of this order, apply tot he court to set aside or to vary the order. You must file with the court and serve on the other parties, an application that sets out your reasons for objection. Please help... is there a way out of this for me? if not, what is best way to mitigate
  5. Hi there... The other parts to the pack consist of the notice of assignment which was sent to an address I have never lived at; then the recent letter to my current address, the letter I responded with, the list of transactions where I noticed all the "finance charges", and their costs information. I have this all scanned and can send you Private Message if required. I have still not received anything from the Courts in respect to the above. Do you think it is time I instructed Solicitors to deal with this? or do I need to write to Restons at all?
  6. Hi there, Thanks for the reply. I have not received anything from the Court as yet, just the copy of the Application Notice from Restons insisting on not having a hearing and stating that I would receive a Court Order. They have included a witness statement in their application pack.
  7. Sorry, My defence said the following: I believe the debt is statute barred pursuant to the provisions of Section 5 of the Limitations Act of 1980 and as such the claimants claim to be entitled to £15,223 is denied. The Application Notice was received last week (midweek), there is no date for hearing... they seem to have made an application without a hearing. I am confident that any payments that they are presenting were not made by me or from any of my accounts, plus from looking at the statement they have provided nearly £6k of the £15k is in "financial charges". It is a total farce. Thanks in advance.
  8. Hi there, I have now received an Application Notice from Restons asking the Court to deal with the Application without a hearing as they do not believe that a Hearing is necessary. They have stated.... Take notice that if the respondant to this application for summary judgement wishes to rely on written evidence at the hearing. It must file a witness statement and serve copies on the claimants solicitors at least 7 days before the date set for the summary judgement hearing. If the Court is not minded to deal with this application on an ex-parte basis the claimant seeks an order: 1. lift the stay on these proceedings 2. strike out the defence pursuant to CPR 3.4(2) 3. In the alternative to (2) above, an order for summary judgement against the defendant under CPR 24.4. The defendant has no real prospect of successfully defending the claim and there is no real compelling reason why the case should be disposed of at trial 4. An order that the defendant pay the Claimants costs on a contractual basis pursuant to CPR 44.5
  9. Ok, Defence was filed on 26.08.2015. Should I request any more information from Restons or even reply to their last correspondence?
  10. My defence contained the Statue Barred disclaimer. How do I know the claim is stayed, I have not received anything else from the courts. appreciate your time on this.
  11. Sorry the card was on my name, but was taken out for limited company purposes. They were making the payments. The company has recently dissolved. I know that the payments were never made from any of my accounts, I have not received any correspondence, updates and the debt has never appeared on y credit file which I save tentatively and have copies of over the last couple of years. I was under impression that this account was closed and nothing owed.
  12. Hi There, I wrote Restons the letter with the CPR 31.14 request. This is the response received. In response to your 31.14 request, please note the following:- 1. The claim was issued via the CCBC which is a procedure specifically provided for in the CPR. etc 2. We would also remind you that CPR 31.14 states: - "A party may inspect a document mentioned in - a) a statement of case b) witness statement c) witness summary d) an affidavil you would have been provided with the T&C's at the tome the account was opened and hence see no reason why you require a further copy . further, the documents you have requested are not "mentioned" in the Partciulars of Claim and therefore 31.14 does not apply. on a voluntary basis, we enclose: 1. A copy of credit agreement signed by you on 10 June 2008. The agreement was executed online which is evident from you having to tick the box to validate the authenticity and integrity of your signature 2. A reconstituted copy of the Terms and Conditions which governed the account at the time it was opened 3. Copy of statement of account dated 10 Nov 2010 4. Default Notice served by MBNA 9.12.2010 Then they are inviting me to withdraw my defence. However, they have failed to confirm the payment details that were used to make the payments as I am confident I did not make these and that this was the Company Account that the card was on behalf of. I have never received any of the above documents previously and they have an address where I never lived. They are claiming that circa £14k is owed, however, looking through the list of transactions nearly £6k is a "Finance Charge". It has never appeared on my credit file and hence I was never aware of this - it still does not appear on the same. Do I have any scope to have this debt removed?
  13. Claimant is Arrow Global Guernsey Limited POC states the following: The claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and MBNA dated on or about June 12 2008 and assigned to the Claimant on Dec 20 2011. What is the value of the claim? £14,472.15 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Virgin Money Credit Card When did you enter into the original agreement before or after 2007? I think 2008 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Arrows Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? I do not recall any debt on the actual card - I remember taking it out and that is it - do not recall any payments What was the date of your last payment? As per info required 1/04/2010 Was there a dispute with the original creditor that remains unresolved? Not Sure Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No They have sent me a sheet detailing the following payments: 01/04/2010 £267.23 27/02/2010 They have sent me a sheet detailing the following payments: 01/04/2010 £267.23 27/02/2010 £259.09 29/01/2010 £299.95 01/01/2010 £266.15 All by direct debit. Recent letter from Claimant Sols states they enclose a "List of Transactions" and Copy of Notice of Assignment served on 15.01.2012 (which I never received) They state that the last payment was within the last 6 years and disagree that the debt is SB, they invite me to withdraw my defence.
  14. Hi there, I have received a Claim Form for a debt i believe to be Statute Barred. The Claimant is Arrow Global Guernsey Limited and they are being represented by a Solicitors firm. In the Particulars the Contract date is 12.07.2008 whilst the assignment date to claimant is 20.12.2011. I am pretty certain that there has been no payment from 2008 onwards and any previous payments were initially made from a company account where the company has now been dissolved. The company used my credit to obtain a credit card. The debt has never appeared on my Credit File (requested from Credit Expert) and still does not appear recently. I have older reports saved that show this has never appeared. I have submitted a statue barred defence and requested information on the account. They have now sent me the transactions list - the total debt is circa £14k including the court fees and solicitor fees. The last payment was made on 1 April 2010 so it is within the 6 years, however, I am adamant that I have not paid this or the previous payments - I had no idea of the amount on the bill, I have no recollection of the actual debt. They have never directly pursued me for this debt in last 6 years. Having looked through the list of transactions and payments just under £6k is a "Finance Charge" or "Bank Charge". Any ideas or recommendation would be grateful thanks
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