Arrows/Drydens.. CCJ set a side?***Claim Discontinued***

[July]

Hey PC

 

No nothing to say how these were made. It say payment type as FOR - have tried to google this and have no clue. There is also 2 payments shown in 1 month.....no way!! and one reversed payment???

Something looks odd

[PCoombes100]

I would ask for that info, or at the very least ask them to provide proof as part of your defence.

[July]

I was going to but Andy suggested on an earlier post that they probably wouldn't respond. I doubt they will to the CCA i sent.

 

Thats what i was thinking, ask them to prove it.

 

Im going to work on my WS this weekend as i think ive been doing enough reading now and just see what happens

[July]

Here is my witness statement:

 

Witness Statement

 

I politely request that the court set aside the default county court judgement for the following reasons:

 

1.I never received the claim form through the post. If I had I would have defended the claim with a statue barred defence.

 

2.An SAR was sent to the claimant in November 2014. When I received this a month later I found that there was no notice of assignment, no default letter and no CCA. I have since sent off a separate CCA request which I’m still waiting for.

 

3.In the SAR paperwork there were computer generated statements of payments made in 2008/2009. I believe my last payment to the Original creditor was in November 2007. I have included a copy of a printout that states the date of this last payment. According to the claimant, the alleged debt had defaulted in January 2007. Under the limitation act 1980, a simple contract may not be pursued after a period of 6 years. The claimant will suggest that they received payment toward the alleged debt; however, no conclusive proof of this claim of payment has been provided other than a simple, computer generated statement. I state that I have not entered into any agreement with the claimant in respect of the alleged debt. I put the claimant to concrete evidence of how the method by which the alleged payments were made, cheque, postal order, bank transfer, and debit/credit card. If a cheque payment was made the name of the issuing bank, the sort code, the account number, the name of the drawer, the date the cheque was cashed. If a postal order was used, the name of the issuing post office and its unique ID code, the number of the PO and the date cashed. If a bank transfer was made the name of the bank, the sort code, the date the transfer was made. If a credit/debit card payment was made, the name of the issuing bank, the type of card e.g. Visa debit or credit, the 16 digit card number and the last 3 digits of the security number, the expiry date on the card.

 

4.I also sent an SAR to the original creditor. They sent back that they are unable to trace a valid account with the account number given (copies of the paperwork included as evidence). I followed up with a phone call to see if they could find anything. They could not.

 

5.In addition to this the personal implications of the CCJ will affect me when I plan to move next year and I wish to change my employment and home. This will have great impact on these choices and may render me unable to find a home and a job.

Edited May 26, 2015 by Andyorch
Paragraphed

[July]

Just another thing to add....

 

The account number Arrow/Dryden stated to make the claim - if this number doesn't exist (as confirmed by shop direct) could i also use that??

[AndyOrch]

A lot of accounts numbers change once assigned.

[July]

Ah well, just a thought

 

Im going to send off the form tomorrow with the witness statement above and see what happens.......fingers crossed

[PCoombes100]

Hi July, I think maybe add to point 1 as to why you think it is statute barred in order to emphasise your point.

 

Have they provided and proof of contact or attempts to context you?

[July]

Hi PC

 

Im not quite sure what you mean, the usual threat-o-grams? Possibly, though i suspect this account has been passed to every known DCA in the country.

 

The simple reason is i think its SB because I didn't make any payments in 08/09. The paperwork shows the 'Payments made', twice in one month...impossible, i never paid once never mind twice. and something that looks like a reversal??

 

Ive been tweaking the witness statement before i send off, im sure the judges don't expect everyone to be versed in law and can only state what i know. I just want to get this sorted and sent off as its really making me feel sick to my stomach

[PCoombes100]

I would add that to point 1, about you not making payments and that you can back up your claim via bank statements (if you can).

 

Some more experienced forum members may need to advise you on the rules around if they had attempted contact at your current address/last known address

 

Have you/had you moved much since 2007?

[PCoombes100]

Ps, I know how stressful this can be, but you are dealing with it and need to look after yourself.

[July]

Ive inquired about obtaining my old statements from the closed bank account. I need to go into a branch with ID so im planning on doing that tomorrow. I thought it was on the claimant to prove the payments? i could be wrong.

 

Ive moved 3 times since 2010!

[July]

Thanks PC honestly when i think about it i feel physically sick. There is a branch of my old bank near me, i will pay a visit tomorrow

[PCoombes100]

Sounds like a plan. I think the onus of proof is on the claimant, however if you can prove you didn't make payment then it strengthens your case

[AndyOrch]

Ive inquired about obtaining my old statements from the closed bank account. I need to go into a branch with ID so im planning on doing that tomorrow. I thought it was on the claimant to prove the payments? i could be wrong.

 

Ive moved 3 times since 2010!

 

Dont submit your WS until you have the DSAR data.

 

Did you inform the original creditor of your change of address?

 

Regards

 

Andy

[July]

Hi Andy

 

This was so long ago im not sure, the last payment was in 07 and from that, all contact and payments stopped. I stayed at that current address until I moved in 2010 so highly unlikely that i did.

[July]

Hi all

I've been to the bank this morning and they can't find anything. Because I have no information from my old bank account they searched and searched but nothing came up, all branches were checked, name, dob nothing. That was definitely the bank I would have used at the time

[July]

Ok so just one more thing to ask before i put everything in an envelope and send off

 

My witness statement, does it look/sound ok? I know im not a person of law so ive just written what i feel is right.

 

Many thanks for everyone's help on here

[PCoombes100]

Hi July,

 

It seems okay to me from what you've posted, although I'm sure when it is received by the court there will be a response from the claimant, but at least then you will be able to have a more structured response to their comments.

 

Remember that you need to provide a copy of the N244 form for the court, the claimant and yourself. I only did 1 copy the first time and it was returned to me!!

 

Good luck and keep all news posted on here.

[July]

Hi PC

 

Ah! Thanks for telling me, i would never have done that. Just a copy of the form...not the witness statement and the other bits of info im attaching?

 

So i send them all off together and the court sends a copy to the claimant or i do

[PCoombes100]

The court didn't tell me I needed to send 3 copies either, hence the advice!!

 

Yep, send 3 copies of everything.

 

The court will keep a copy, you will have a stamped copy returned (effectively a receipt), the last one will be sent to the claimant by the court.

[July]

Brilliant! Will do........so fingers crossed and ill report back when i hear something

 

Thanks again, couldn't have sorted this without you guys

[July]

Hi all

 

Had my set aside hearing today.............it was successful! Lasted a while but I got there in the end

[AndyOrch]

Well done July.....is the claim restarting...has the court given directions?

 

Andy

[July]

Hi Andy

I think it is restarting. They have said its suitable for the small claims and to expect some paperwork in the next two weeks. The judge said she would enter my witness statement as evidence, she even commented on how well presented it was.

We will see what the claimant does next.