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

[jackreacher]

Blimey! I to thought it was going for mediation.

 

Please give fuller details including where you think your case failed. Did you take your own statements/ evidence in to show you hadn't made payments?

[J2005]

Hi Andy

 

I will provide a fuller update shortly.

 

I'm just checking on the judgement process as it stands

- does anyone know when a CCJ shows on my credit record?

 

 

I intend to pay it in full as I understand if I pay it in one month, it doesn't stay on my record for the six years.

 

 

However, I am reading conflicting messages

- that it goes on within a few days,

then I need to pay it and have it removed.

 

 

Or that it doesn't gone on until a month after and if I pay it before then, it never goes on.

 

 

The reason I ask is I am due a bank appointment next week and don't want it on there,

particularly as I do intend to pay it off.

 

 

Obviously if it goes on straight away then comes off later,

 

 

I will defer my appointments

[AndyOrch]

I would wait until you actually receive notice of Judgment...payment details will be on the order....if its a forthwith I think its 28 days.

[J2005]

The judge opened up saying it was on the claimant to prove it wasn’t statute barred.

They had sent someone to represent them (not the person on the witness statement).

 

He did initially start off questioning that the transaction summary said payment received

but that the claimants had said payments in their witness statement.

He questioned which it was.

 

 

He also made the point that the payment could feasibly be made in April 09 so be statute barred, and asked them about proof of payments.

 

 

The claimant solicitor said that the date of May 2010 was the last date entered, the debt was still owed,

so they contested that May 2010 was the date of the last payment.

Otherwise the record would have just showed payment up to 2015.

 

I was asked about the point on why it was statute barred based - I said I had no record of payment, that no proof had been provided.

 

The claimants solicitor made a point that I hadn't provided any bank statements to show a payment hadn't been made.

 

The judge said on the balance of probabilities, a payment was made and the last payment was May 2010.

There was little thought from him on them saying two payments but not proof of that, how much etc.

No questioning of the transaction summary essentially being a print out.

 

 

What I believe started hopeful, ended with that.

 

I’m annoyed cos I am now wracking my brains thinking did I make a strong enough case, was there anything I could have said. But it is what it is now I suppose.

 

Thanks to all those who have helped.

When I receive the judgement and have made a payment,

I will make a contribution to the site.

I have appreciated the advice and comments.

[AndyOrch]

Many thanks J2005 ...

[shamrocker]

Sorry to hear this. It's easy to question whether you did as much as you could. I have similar regrets because I was very naive to the process - my claim involved over £20k! As long as you hammered home the points well enough that there should be no doubt, never mind on the balance of probabilities, if the claimant can simply consult their records and supply more details of said payments, starting with the dates made - then you cannot really have done much more. With you denying that payments were made and them unable to prove otherwise, the law concludes that they cannot pursue any claim against you. It doesn't sound like you had a very helpful judge.

 

Don't dwell on it. Learn from the experience and move on.

 

Sham

[dx100uk]

that's not fair

judge lottery me thinks

[J2005]

Sorry to hear this. It's easy to question whether you did as much as you could. I have similar regrets because I was very naive to the process - my claim involved over £20k! As long as you hammered home the points well enough that there should be no doubt, never mind on the balance of probabilities, if the claimant can simply consult their records and supply more details of said payments, starting with the dates made - then you cannot really have done much more. With you denying that payments were made and them unable to prove otherwise, the law concludes that they cannot pursue any claim against you. It doesn't sound like you had a very helpful judge.

 

Don't dwell on it. Learn from the experience and move on.

 

Sham

 

I wonder whether I made the points as forcefully as I could, I don't know if nerves got the better of me or whether I didn't think it was appropriate. The claimants solicitor did try to use something I said saying that I had said the payments had been made when I had in fact said the only evidence of payments being made is the claimants word- I pointed out to her and the judge that I had said the claimants witness statement mentioned this not me.

 

The judge did seem really hesitant that this wasn't clear cut - I do maybe think if I had a solicitor, it may have been different. But it's easy to say in hindsight.

 

I just want to get the judgement now and take the relevant action to try and put this behind me. Hopefully be the last time I ever need to go through anything like this.

[AndyOrch]

Balance of probabilities and the question of payments in connection with the Statue of limitations...does not belong in the same sentence and the DJ should know better and demanded the payments date source etc.

 

I suppose you could have disclosed statement showing no payment ...but to use the DJ words ..." it was on the claimant to prove it wasn’t statute barred ":roll:

[shamrocker]

I suppose you could have disclosed statement showing no payment ...but to use the DJ words ..." it was on the claimant to prove it wasn’t statute barred ":roll:

 

....and it could even have been 'one I made earlier'. What's good for the goose.....

 

I can put my name to this judgement - it was a 'Sham'!

[J2005]

Balance of probabilities and the question of payments in connection with the Statue of limitations...does not belong in the same sentence and the DJ should know better and demanded the payments date source etc.

 

I suppose you could have disclosed statement showing no payment ...but to use the DJ words ..." it was on the claimant to prove it wasn’t statute barred ":roll:

 

Exactly. He even mentioned the lack of evidence when moving towards making a decision. It was all over very quick. I could have pulled out statement after statement - but they would have wanted me to go through dozens of statements to look for a payment, in that period (my bank does it on transactions, not calendar months). I should have made this point I suppose but it didn't come up until at the end (of what was a very short hearing).

 

As shamrocker says, I literally could have printed a kale statement - nothing was verified.

 

If I didn't want to avoid the CCJ so much having had defaults for the past 6 years and felt it's impact, I would be a pain in the arse about repaying them and make it the lowest/slowest I possibly could!

[Guest]

seems was 'a creditor friendly J'!

there is the bal of probs, but, as said, when Statutory Bar is in issue then they shld've been made to evidence the exact date of the last payment, as the J said itself! Its their burden first and if they cant evidence that initally then it shldnt really go further, otherwise its just a case of them simply stating, generally, there was a payment sometime up to xx/xx, theres nothing to rebut, thanks DJ.

[J2005]

Does anyone know how long I should expect to wait for the judgement? It's been a week and I haven't had anything

[AndyOrch]

Check with your court.

[J2005]

I've now received a general form of judgement or order. Literally only just turned up and tells me I have until next Friday at 4pm (18th December) to pay. The hearing was on 2nd!

 

Now I want to pay it all but I:

1. Didn't think it would be such short notice

2. It doesn't say anything about paying before then to stop the CCJ going on my record, if it even does?

3. It give's no info about what if I don't pay

 

Obviously I plan to ring them Monday but obviously this turning up at such short notice has surprised me

[AndyOrch]

Is the judgment forthwith J2005 ?

[J2005]

I don't know. This is everything it says...

 

'General Form of Judgement or Order' is at the top along with a box with info on the court claim no, date and my dob

 

It then lists the case, Hoist v Me

 

Then says..

 

"Before Deputy District Judge .....

 

It is adjudged that

 

the claimant recover agains the defendant the sum of £1,853.65 for debt and interest to date of judgement and £355.00 for costs amounting together to the sum of £2,208.65

 

The defendant having paid the sum of £0.00

 

It is ordered that the defendant pay to the claimant the sum of £2,208.65 on or before 4:00pm on 18 December 2015'

 

It then has a warning about iff I ignore it then goods may be removed etc, then a box on address for payment which is Howard Cohen & Co and then how to pay saying keep records, pay them not the court, leaflets on registered judgements, how to pay and what do to if you cannot pay are available from court.

 

At the bottom it tells me it is an N24 General Form of Judgement or Order

[AndyOrch]

Yes thats a forthwith judgment they have allowed 16 days ...forthwith means immediately so at least they have allowed a little time.

[J2005]

Yes thats a forthwith judgment they have allowed 16 days ...forthwith means immediately so at least they have allowed a little time.

 

Pity I only received it today like.

 

So if I just pay this off, the CCJ won't go on my record, that's how it works?

[AndyOrch]

Correct make sure the Claimant receives payment on time...what payment method are you considering ?

[J2005]

Correct make sure the Claimant receives payment on time...what payment method are you considering ?

 

I would pay over the phone via a card or can bank transfer - suppose whichever they accommodate really.