Overdraft sold debt passed to Northampton CCBC

[GLoyal]

I have the documents in today and will scan them up.

Do you want me to send them direct or redact and post in the thread?

 

Many thanks for your help.

[AndyOrch]

Redact and post them here.

[GLoyal]

Sorry for the delay.

Had to get some redaction software.

 

 

 

 

 

 

 

 

[AndyOrch]

Okay well this is an application /hearing for Summary Judgment CPR 24 and not the trial date.You must submit your own Witness Statement in response to this application not less than 7 days pre hearing.You simply refute their WS and object to their application and that it be denied.

 

What date did they make the claim?

[GLoyal]

I'm not sure what all of that means tbh.

Do I need to attend or Do I need to send anything in now?

 

They issued the initial claim from Northampton on the 16th December 2013.

This pack/claim came from the local court last week (28th January 2014)

[AndyOrch]

Then it is Statued barred and was as at 13 Feb 2013 the agreement was signed in Scotland in their offices and therefore falls under Scottish Law which means limitation of 5 not 6.

 

Yes you must respond as I have stated above.

[GLoyal]

Do I send this Witness Statement to the Claimant?, The Court? Register it on the MCOL gateway or all of the above?

 

I have the following to send.Would this be ok?

 

"Dear Sir or Madam

 

Claim number: xxxxx

 

 

 

I refute the claimants Witness statement and object to their application and that it be denied.

As the contract was signed in Scotland, this falls under Scottish Law. The last payment of this alleged debt was made over five years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred" could amount to harassment contrary to CPUTR2008

 

I look forward to your reply.

 

Yours faithfully

 

 

xxxxx"

[AndyOrch]

Yes thats fine Gloyal but you need to add a statement of truth and remove the Yours faithfully

 

Your intro should start with:-

 

1 This statement is made in opposition to the Claimant’s application for summary judgment and by which the Claimant contends I have no real prospect of successfully defending the claim against me.

 

And end with :-

 

In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial and that the Claimant’s application for summary judgment pursuant to CPR 24 against me should be dismissed .

 

Date: xx Feb 2014

 

 

Statement of Truth

 

I believe the facts stated in this Witness Statement are true

 

 

Signature

 

Regards

 

Andy

[GLoyal]

"Dear Sir or Madam

 

Claim number: xxxxx

 

 

This statement is made in opposition to the Claimant’s application for summary judgment and by which the Claimant contends I have no real prospect of successfully defending the claim against me.

 

I refute the claimants Witness statement and object to their application and that it be denied.

 

As the contract was signed in Scotland, this falls under Scottish Law. The last payment of this alleged debt was made over five years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the limitation acticon, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

 

The OFT debt collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred" could amount to harassment contrary to CPUTR2008

 

In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial and that the Claimant’s application for summary judgment pursuant to CPR 24 against me should be dismissed.

 

Date: xx Feb 2014

 

 

Statement of Truth

 

I believe the facts stated in this Witness Statement are true

 

Signed: xxxxx

[GLoyal]

Now Who needs to get a copy?

 

Should I enter this on the MCOL Gateway?

 

Many thanks again for your patience and assistance Andy.

[AndyOrch]

The claimant and the court...you cant enter it on MCOL its not a defence but a Witness Statement in response to their application...I assume you have already submitted a defence?

[GLoyal]

I submitted my defence via MCOL, yes.

 

I'll send these off then..........Recorded.

[GLoyal]

That didn't go to well.

 

'Judge' did not agree that this was a Scottish contract.

 

Also accepted the claimants statement that the reply from the FOS rejecting my complaint that the Bank charges applied to my account were not unfair or unjst amounted to my acknowledgement of the debt.

 

What are my next steps/options?

[AndyOrch]

Has he awarded them Summary Judgment?

[GLoyal]

IT IS ORDERED THAT

1. Summary Judgement for the claimant for £1xxx.xx

2. The defendant must pay the Claimants costs assessed at £4xx

a. The Judgement or Order is Final.

b. An appeal lies from the Judgement or Order to Circuit Judge in the County Court.

c. Permission to Appeal is refused.

d. The appropriate Appeal court to which any further application for permission may be made in Circuit Judge in County Court.

 

dated 28th March

 

 

That's what was on the letter, I only got it last Friday though.

[AndyOrch]

You did attend the hearing?...sound like this letter is the first you know of it?

[GLoyal]

I did attend.

 

Sat there and the solicitor for the claimant laid out her explanation.

The Judge Queried the acknowledgement of debt.

 

The solicitor stated that a rejection letter from the FOS was acknowledgement of the debt.

 

I explained that this was a Scottish Bank, with an account in Scotland between a Scottish person, and the debt was more than 5 years ago, also that the charges were clearly not in line with the documentation. I also contested that a reply from the FOS did not prove I had acknowledged the debt.

 

Judge said it was within 6 years and hence I should pay, then lectured me on how I should have agreed a reduced offer with the debt company as they buy the debt up for pennies in the pound, ignoring the fact the bank breached their contract terms documented in the evidence.

 

I felt he ignored the fact my branch was still in Scotland and the dispute I had over the charges was still valid.

[AndyOrch]

Sounds like the decision was based on acknowledgement rather than Statute of limitations with the FOS involvement...I would now apply to vary the payment to monthly and pay it on the drip using form N245.

[GLoyal]

So there is no appeal chance, I'll just have to start paying it back?

[AndyOrch]

From the Courts Order:-

 

c. Permission to Appeal is refused.