Hoist Portfolio/Howard Cohen Claim Form - Santander overdraft from 2009

[J2005]

It is not a usual bank account statement that I have ever had off Santander.

It looks nothing like the ones they send, nor a print out of one online.

It looks to me like data has been exported in to a spreadsheet and the headers - account no and Logo etc, stuck on.

 

 

There's nothing from Santander to say this is the account, a signed record or anything.

 

 

There's nothing from Santander, other than the solicitors word, that Santander have told them about payments.

 

 

There's nothing from these DCA's about these payments.

 

 

There is nothing about when these payments are.

 

Regarding the alleged payments - what do you mean?

 

The claimant has given me absolutely no information on who I am meant to have paid

other than their names and that the payments are between a certain time period and amount to £30.

 

 

They haven't given a precise date for when I supposedly paid either of them,

or how much I supposedly paid each one, and how I supposedly paid.

 

 

The only 'evidence' they have given is the account print off and the letter.

[AndyOrch]

Well Im sure I would recall any payments to a DCA...I just wondered if there was anything in your distant memory recalling it...I still maintain that the statement and entry look suspicious.

[J2005]

Well Im sure I would recall any payments to a DCA...I just wondered if there was anything in your distant memory recalling it...I still maintain that the statement and entry look suspicious.

 

I don't recall any to them. Is what they have presented, enough evidence to say it isn't statute barred?

[AndyOrch]

I don't recall any to them. Is what they have presented, enough evidence to say it isn't statute barred?

 

Not if you argue otherwise and dont let them hoodwink the court...how was this payment made what day date month..which account what method...what card if a current account which account what sort code what branch?

[J2005]

Not if you argue otherwise and dont let them hoodwink the court...how was this payment made what day date month..which account what method...what card if a current account which account what sort code what branch?

 

Thanks, that is my intention.

[shamrocker]

Aside from denying any payment(s) ever being made after that in Jan 2009, the alleged payment(s) details are not very specific. They make note in their WS that an entry for 04/09 to 05/15 indicates payments collected by a DCA.

 

You could possibly contend that this is an admission that the account was now in default as of April 2009, for the purposes of enforcement...might need some supportive detail though. Therefore, the SB clock had started ticking at that point and noone can argue differently. Without further evidence from the claimant, there is no reason to believe that any payments were made since June 2009, but they could in fact have been made in April 2009, and the debt remains statute barred. In any event, your position is that no payments were ever made.

 

Nevertheless, in the absence of conclusive details that render the debt enforceable under law, they still went ahead and issued a claim against you. If they can't state specifically which date or even month the payment was made, how the heck is anyone else supposed to know.

[Guest]

ditto. they still say 'between.....'. why cant a large company/organisation with computerised/accurate logs/resources etc say for sure when/how/from where a payment was made to them? they shld have to show as SB is in issue.

hopefully, a (non creditor friendly) judge wld view the same ie require concrete details.

[J2005]

Thanks for the posts. Suppose this will be the crux of any argument - that they have to provide proof and that with no information provided, or vague info, I can't be expected to defend an unknown.

 

Is there a way to edit past posts?

[dx100uk]

only for 24hrs

unless its urgent?

 

 

dx

[J2005]

Hi dx

 

I sent a PM, but it was just about posts made in this thread. I was just being paranoid in case the claimant were to read them, as it may give them things to look for/think of.

[AndyOrch]

Editing threads tend to make the thread nonsensical for other posters that are following your predicament J2005 ...dont worry who views your thread ..makes no odds.

 

Andy

[shamrocker]

Thanks for the posts. Suppose this will be the crux of any argument - that they have to provide proof and that with no information provided, or vague info, I can't be expected to defend an unknown.

 

Is there a way to edit past posts?

 

Yes, but you also need to point out the anomalies in their assertion that your SB defence is unfounded -

i.e. why is the alleged payment not itemised like every other entry on the account statement?

 

 

Why has the claimant issued a claim when there is every possibility that the payment to which they refer

, if it was made at all, was made pre June-2009 -

thus is clear evidence before them that any debt could be statute barred?

 

 

Didn't they think that it needs to be clarified before issuing a claim?

 

 

Therefore, can the claimant now provide conclusive details that the payment

they base their challenge to the SB defence upon defeats that defence?

 

How are you planning on addressing this?

 

Sham

[J2005]

Yes, but you also need to point out the anomalies in their assertion that your SB defence is unfounded - i.e. why is the alleged payment not itemised like every other entry on the account statement? Why has the claimant issued a claim when there is every possibility that the payment to which they refer, if it was made at all, was made pre June-2009 - thus is clear evidence before them that any debt could be statute barred? Didn't they think that it needs to be clarified before issuing a claim? Therefore, can the claimant now provide conclusive details that the payment they base their challenge to the SB defence upon defeats that defence?

 

How are you planning on addressing this?

 

Sham

 

Likely along the lines of what you have said. No evidence, if I made a payment, why don't they have the info, how are they so sure but can't tell me, no info on when it was so could it have not been pre June.

[J2005]

I was just thinking - is there any precedent/case law around proof on statute barred? Similar cases I can refer to - if anyone can point me in the right direction?

 

Or will it all just be down to the judge on the day?

[shamrocker]

I would just stick to the plan of highlighting the deficiencies in their claim and putting them to strict proof to show that YOU made the payments onto the account in the period that covers six years prior to the claim issue date.

 

They've more or less pinned their hopes on that dubious payment (for which they have no date nor proof of), so just concentrate on winning that little battle and you should be home and dry if/when they cannot prove that said payment came from you.

 

Sham

[AndyOrch]

I would just stick to the plan of highlighting the deficiencies in their claim and putting them to strict proof to show that YOU made the payments onto the account in the period that covers six years prior to the claim issue date.

 

They've more or less pinned their hopes on that dubious payment (for which they have no date nor proof of), so just concentrate on winning that little battle and you should be home and dry if/when they cannot prove that said payment came from you.

 

Sham

 

Agreed ...don't complicate this...keep it simple...its for the claimant to prove its not SB not for you to prove it is.

 

Andy

[J2005]

So this is tomorrow! Just putting bullet points together, as my main body of what I am going to say, thanks to the help on here.

 

I will update afterwards

[AndyOrch]

Let the mediator direct the conversation...all you have to state its statute barred and the claimant is to prove otherwise

[J2005]

Let the mediator direct the conversation...all you have to state its statute barred and the claimant is to prove otherwise

 

Ok so the points I might wish to make - no proof, the transaction summary isn't much, no record on payments, any payments could easily have been pre claim form and still be statute barred - I say in response to points the claimant may make?

[AndyOrch]

I refer you back to post#154 and until they can respond ......then there is no evidence of payment.

[J2005]

I refer you back to post#154 and until they can respond ......then there is no evidence of payment.

 

Thanks

[J2005]

I lost. The claimant received judgement.

[AndyOrch]

I thought you had mediation today not the actual trial?

[J2005]

This wasn't mediation? It was the hearing

[AndyOrch]

So how did they convince the court that it was not statute barred....a little synopsis would assist those that assisted you J2005.

 

Regards

 

Andy