HPH2/? claimform - old HSBC OD - prob SB'd***Claim Dismissed***

[DreamEater]

Good evening,

I have uploaded the claimants WS for your much appreciated help.

 

 

In the below I make reference to their evidence,

this can be found in the WS they have submitted.

 

A few points I would like some help with please:

 

1; The court hasn't responded to my claim for the claimants case to be struck out despite them filing their WS over a month late. Which can be proved by the postage stamp and dated letter from them.

 

2; I have no record of evidence HT4 “HSBC Final Demand”

 

3: I have no record of evidence HT5 “HSBC Notice of Assignment” to MKDP LLP

 

4; I have no record of evidence HT6 “MKDP LLP Notice of Assignment” to HPH2 Ltd

 

5; Evidence HT7 shows payment made on the 24/09/2010 - I have original statements and screenshots of the online banking to prove no payment was made

 

6; Evidence HT7 shows a payment that was made and returned, I have screenshots of online banking that prove no payment was made or returned.

 

7; Evidence HT7 shows 4 other payments that I can prove I made with original statements.

 

8; I feel the case relies solely on the payment in September 2010, which I feel I can prove never happened.

 

But I can also prove a previous payment didn’t happen, and in the balance of being fair and honest, I can prove that 4 of the others did happen, which in my opinion leads me to think they are making the other 2 payments up…

 

9; How do I challenge this? I don’t want to give too much that could be used against me?

 

10; How do I submit this new counter evidence to prove their claim is not SB is false? (I've seen in numerous places where it says everything I rely on needs to be submitted before the date)

 

Bazooka Boo: I put the wrong date in my previous email, it should have been September 2010.

claimant ws.pdf

[dx100uk]

so looks like you were paying a doorstep agent money on this debt?

certainly between 11/09 through sporadically to 09/10

[DreamEater]

so looks like you were paying a doorstep agent money on this debt?

certainly between 11/09 through sporadically to 09/10

 

Hi Dx, I was paying Wescot (they must be the agent you referred to) - but I only paid by card via the phone/web.

 

There was only ever the 4 payments to wescot made that show on their WS, the other 2 don't show on my records, so look to be bogus.

[dx100uk]

well it tallies with what you've said from day one...

so actually last payment was 23rd march 2010

claim form date... 06 July 2016

and you've bank statement to prove your payments and that there were none after

like the 24/9/10

which is probably the payment they will claim nulls the sb defence..

[AndyOrch]

Simply submit a Supplemental Witness Statement attaching your evidence to prove that their witness statement is fairytale.They talk about you entering into an agreement and arrears...dont think the author of that WS understands the mechanism of a current account and overdraft.....in fact I would state that that is possibly a witness statement from a previous claim in support of a credit card claim...that has been edited to fit your claim

 

Regards

 

Andy

[DreamEater]

Cheers for the replies, going to write this new WS up shortly.

 

Ps, was my donation received? Paypal said all ok, but i'm not 100%

[honeybee13]

I've asked if your donation was received, thank you for supporting us.

 

HB

[DreamEater]

Just submitted this below

--------------

 

I submit the following supplemental witness statement in support of my defence to the claimants witness statement.

 

1,

In the claimants very late submission of their witness statement, they drew the courts attention to point 12 of their witness statement, where they claim I made a payment of £5 on the 24th September 2010 to Wescot Credit Services, and reference evidence HT7.

 

2,

The claimants evidence HT7 has no supporting evidence to show where this £5 entry has been entered from.

 

3,

My enclosed/attached evidence, titled SUP-1 shows original bank statements from the 17th September 2010 through to the 4th October 2010, there is no payment to Wescot of £5.

 

4,

I also enclose evidence SUP-2, which recent screenshots for the same period for additional clarity.

 

5,

The evidence SUP-1 and SUP-2 is from the same bank account all the other original payments were made.

 

6,

I believe that the alleged debt was statute barred under the provisions of section 5 of the limitation act 1980 prior to the claim being issued.

 

7,

To the best of my knowledge and belief no payments or unequivocal written acknowledgement have been made to the alleged debt since 17th March 2010.

 

8,

It is my contention that the claimant must provide unequivocal proof that the debt is not statute barred.

 

I believe that the facts stated in this witness statement are true.

 

 

--------------

Many thanks for the help so far, case is on Thursday morning, I'm hoping they turn up, would love to see how prepared they are or how they try and argue it. Just going to stick with my bank statements, which I have made other payments from show no payment for the date in question.

[AndyOrch]

 

Best of luck for Thursday Dreamweaver.......stand your ground...your bank statements cant lie...dont let them get away with the phantom payment trick.

 

Regards

 

Andy

[DreamEater]

 

Best of luck for Thursday Dreamweaver.......stand your ground...your bank statements cant lie...dont let them get away with the phantom payment trick.

 

Regards

 

Andy

 

Cheers Andy, quite nervous as 95% of the cases I've read on here and elsewhere have worked, there has been some where the claimant lied and the judge didn't get it and went with the claimant.

 

I'm really hoping I get one that sees I have original proof and not just an excel sheet or a screen grab of a manually entered payments with no source of proof for the payments.

[AndyOrch]

Thats what I mean by stand your ground...dont accept it if you think he is leaning that way....interrupt if ness.

 

When you get to the court and have checked in with the court manager (he will call you before the case is heard) make sure a copy of the SWS and exhibits are in the file...even check with the usher its been received if not take an extra with you and put it in the file...pref on top.

[DreamEater]

Thats what I mean by stand your ground...dont accept it if you think he is leaning that way....interrupt if ness.

 

When you get to the court and have checked in with the court manager (he will call you before the case is heard) make sure a copy of the SWS and exhibits are in the file...even check with the usher its been received if not take an extra with you and put it in the file...pref on top.

 

Top tip Andy!

 

I'll be printing everything out in triple before I go, 1 for me, 1 for court and 1 for luck. Got my folder with it all in, I've even got additional bank statements for other times incase the judge allows them to submit something at the time, as I don't fancy having to argue to rescheduled another day so I can gather my evidence.

Probably a bit too much, but I can appreciate a Judge doesn't know everything and the claimants solicitor might be really good with the ol' bullshi...

[AndyOrch]

The simple fact is...with all the ol' bullshi...in the world....if they cant prove it they cant prove it...and if he still does not accept your statement and evidence then he will be making a mistake in law.

 

Also take a copy of the Limitations Act

 

http://www.legislation.gov.uk/ukpga/1980/58

[DreamEater]

The simple fact is...with all the ol' bullshi...in the world....if they cant prove it they cant prove it...and if he still does not accept your statement and evidence then he will be making a mistake in law.

 

Also take a copy of the Limitations Act

 

http://www.legislation.gov.uk/ukpga/1980/58

 

Cheers, hopefully i'll be quick enough to quote the correct paragraph when i spot the mistake!

 

Thanks andy

[dx100uk]

Watchout for them wanting a little chat before you go in too

[DreamEater]

Watchout for them wanting a little chat before you go in too

 

Should I avoid them and keep quiet?

 

Or approach and see what they have to say?

[dx100uk]

you are running with an SB defence

the debt is statute barred

 

 

there is NO room for them to negotiate anything.

 

 

dx

[AndyOrch]

Cheers for the replies, going to write this new WS up shortly.

 

Ps, was my donation received? Paypal said all ok, but i'm not 100%

 

It was indeed gratefully received DreamEater....Many thanks for your support.

 

Regards

 

Andy

[DreamEater]

It was indeed gratefully received DreamEater....Many thanks for your support.

 

Regards

 

Andy

 

You're welcome. Got to keep this service running even if it's not going to help me. But others.

 

Stupid question, but I'll be ok in nice jeans, dr martens and a shirt with a suit jacket? I'm not trying to convince the judge to not lock me up for 6 years here. It's all based on fact not impressions?

[AndyOrch]

Whatever you wish buts it normally accepted to look smart and business like.

[DreamEater]

URGENT

 

AT COURT RIGHT NOW THE CLAIMANT DOESNT HAVE A COPY OF MY SUPPLIMENTAL WITNESS STATEMENT.

 

THEY HAVE ASKED FOR IT. DO I GIVE THEM A COPY????

 

Their office should have given them everything. In my opinion

[AndyOrch]

Yes let him have one...you had spares ?

[DreamEater]

Now I'm not sure, I quietly asked a member of staff who's responsibility it is. And he said the solictors as it was submitted in time.

 

The guy is just someone who takes cases as they come in. He doesn't even work for HPH2.

 

I'm sure he will have emailed his employer or the judge will give him a copy.

[AndyOrch]

Well ask if he will be acting as counsel for the claimant and if he is let him have a copy...then he cant complain otherwise once the hearing begins.

[DreamEater]

Not to worry, case dismissed!

 

I'll update later with details.

 

How do I get the transcript as there is some good points to learn from?