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the_shadow

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Posts posted by the_shadow

  1. Whilst you are correct that is normally is the claimant that has to prove the payment was made to disprove the statute barred defence you should prepare for a judge accepting their word and a printed statement. It would be unwise not to do all you can to disprove hoping that the judge would do his job imho.

     

    Personally I'd be looking back through my bank statements/cheque book trying to tally up because if I had or hadnt made the payment I'd want to know for certain before stepping in front of the judge.

     

    S.

  2. On the statement of card1 does it give an indication of how the payment was made? Can you disprove it took place? is it for a normal amount or a possible statutory fee £1/£10 that has been applied to the account.

     

    In essence if you have defended on the basis of SB, then that is what you have to prove so anything that can disprove that payment.

     

    a CPR18 request for further information on that specific payment could be a good start but timescales as ever are tight.

     

    S.

  3. Yes but there is also "implied consent", as you continued to use the account and did not complain about your data being processed, you now complain as the data reported is not complimentary?

     

    Any updated t&c that you have been sent and I'm sure there were lots would have had the section of data reporting inside them also.

     

    Dont get me wrong, if you can stop them reporting then I'll applaud you for doing it.

     

    If you think your arguments have merit then put in a complaint to the ICO and see what they come back with.

     

    S.

  4. Ok, Well I'm only talking about reporting on your credit file here but being devils advocate I would say that if they can show other accounts at that time with agreements that explicitly state "you agree to the data processing blah blah blah" and a set method/workflow that is processed for new customers that includes sending out agreements etc then it will be deemed you must have done so in the past.

     

    Remember we are not dealing with absolute proof here. Its a balance of probabilities and the ombudsman's decision until in front of a judge and then dependent on track.

     

    S.

  5. No, if they can show financial records that prove you had an account even without an agreement then it will pass the test. Financial info is supporting info.

     

    S.

  6. First thing is to stop talking to these people on the phone - period.... if they ring tell them to put it in writing and put the phone down.

     

    Send a letter to the debt owner stating you will only deal with this matter by post, takes the pressure off of you.

     

    For the PPI you really do need the statements and possibly the agreement, as stated above tho the sooner you send the DSAR the sooner you can get that reclaim in, remember they have 40 days to respond to the DSAR.

     

    S.

  7. Its hard to disassociate yourself from the case but think of it like a game of chess or call my bluff if you like, what they may say to colleagues/other professionals is NOT what they will ever say to adversaries. I'm quite sure they'd state the moon was made of cheese if that was what was required to win a case.

     

    Make sure you note down the time/duration/and a brief of the conversation and use it, its another attempt to come to an agreement which they've knocked back. If I was a judge I'd seriously be p'd off that they are unprepared to come to some arrangement over this.

     

    S.

  8. The timescale is too short to go against you for not complying with it even if you were inclined to and I agree with Slick here. The fact they filed a change of solicitors AFTER the judgement could mean a cynical "claim" that the paperwork wasnt passed over from the previous solicitors etc etc.

     

    I wonder on what actual grounds they are seeking a set aside, the court claim went through and its their previous solicitors fault for not defending.

     

    S.

  9. I will continuie payments .So will the ccj and defaults remain on my file until i fully pay these debts ?

    For instance if they fall off my file and i stop payment what can the debt companies do?

     

    The CCJ will drop off your credit file after 6 years paid or not however if they still have the judgement details then they can haul you back into court.

     

    S.

  10. You are probably correct so I have only one question.

     

    How can that be efficient?

     

    Answer: It isn't but don't care........................:-x

     

    Having worked in the public sector for the last two years I'm afraid every single efficiency saving report is written with the decisions already made, its just a case of making the numbers tally up, whatever it takes to make FTE (full time equivalent(people!!!)) savings

     

    Just keep shouting cos your complaining seems to be working in that respect :lol:

     

    S.

  11. Unfortunately most public sector departments have had to cut processes and make efficiencies (another name for job cuts) you'll find they probably open every single bit of post that arrives in the building and scan the case management stuff and personal letters get filed to be shuffled around the building(eventually)

     

    S.

  12. How long do you have until the defence needs to be filed?

     

    You can either a) Chase the solicitor by email/fax/phone and seek the extension warning them that you WILL put in an application for them to comply with the CPR31.14 and you WILL seek the costs from them of that application.....

     

    or b) Issue a defence

     

    or c) Go straight to applying to the court for an order for them to comply.

     

    If C you need to ensure your CPR31.14 **ONLY** asked for documents actually mentioned in the POC's, if you have asked for anything extra that wasnt in the POCS then I wouldnt risk an application as you could have costs awarded against you as well as loose the application fee.

     

    S.

  13. Is this on small claims track or fast track? Part36 doesnt apply to small claims so wont have the same gravitas as when offered on a fast track claim.

     

    If fast track you can always counter Part36 although you need to be very careful of the wording of a part36 offer. Might be worth negotiating with them on a middle ground if you think the costs are included.

     

    After all, they chose to initiate and are now putting you back in the same circumstances as prior to court proceedings but with the addition of their costs?

  14. You do need to find out a few facts before answering the court.

     

    Right now you need to find out about the debt, if you go to the trust register and pay for a search for the CCJ, http://www.trustonline.org.uk/ It costs £4.

     

    Once you have the CCJ number and country court it was obtained at you'll need to contact that court by phone/fax and request a copy of the judgement document and original claim form.

     

    When you have that you have details of the debt/how much it is/who claimed from you.

     

    S.

     

    Edit: You can then make the informed decision on whether you need to apply to set aside the judgement as you didnt receive the original court claim or whether to continue to court and provide the court with an accurate I&E which WILL be severly scrutinised by both the opposing council and court.

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