Lowell/shoe's Claimform - EGG Pers Loan

[AndyOrch]

Stayed......better to be discontinued...but basically the same effect

[balina2]

Apologies for resurrecting this thread.

 

 

I did go back in December to the Court and they claimed it was discontinued.

And then I head nothing more until

 

 

today when I receive another letter saying the following:

We note that to date you have not responded to our previous correspondence from the 15 December 2015.

You have now been provided with the required documentation

and evidence to substantiate the amount owed to our client, at present being £10,000.

 

Going forward,

should you wish to continue to dispute liability for the amount claimed,

we will allow a further 7 days for you to file and serve an amended defence.

 

 

Alternatively we ask that you provide our office with your proposals for the settlement of this matter

, using the provided Income and Expenditure form.

 

In the absence of an amended defence or proposals for consideration by 4 May

we are instructed to proceed with an application for Summary Judgement.

 

Not sure what to do with this? I have received nothing further from the Court............

[AndyOrch]

You wont receive anything further from the court..the claim was discontinued..so they will struggle to make application for Summary Judgment.

 

Ignore

 

Andy

[dx100uk]

more shoes willy waving I see.

they don't give up do they.

 

 

dx

[balina2]

Thank you both

 

Sorry one more question

 

I have an email from them now too!

They have asked if I will be filing an amended defence in light of the documentation provided.

 

How can I file an amended defence without any further correspondence from the Court?

[dx100uk]

email back then..

 

 

oiii! braincell.. what part of your claim was discontinued do you not legally understand?

 

 

dx

[AndyOrch]

Are you sure this has been discontinued balina2 ? You have received a Notice of Discontinuance (N279)

[balina2]

I never received written confirmation of it being discontinued no.

 

And I have just received this today from Shoosmiths........

 

 

Thank you for the below email.

 

I have spoken with the Court who have confirmed that the claim is stayed as a result of the time that has elapsed since your initial defence has been filed, rather than discontinued. This means that to continue with the claim our client will need to apply for the stay to lifted.

 

Please therefore provide us with your amended defence for our client to review, we can also then confirm to the Court that we consent to your defence being amended. Should our client still believe that your defence has no merit, we may be instructed to then proceed with an application for the stay to be lifted and for Summary Judgment to be entered against you.

 

Am at a loss on how to tackle this

[dx100uk]

you don't its willy waving

 

 

see what they do..IF anything.

 

 

we may be instructed to then proceed with an application for the stay to be lifted and for Summary Judgment to be entered against you.

[balina2]

Please help

- I have received a letter today 'Notice of Transfer of Proceedings' from County Court Business Centre.

 

 

Saying the claim has passed to my local County Court to deal with the claimant's appllication for summary judgement.

 

What happens now?

 

Any advice hugely appreciated.

[dx100uk]

you wait till the court write with directions.

 

might pay you to scan up the document they sent back

in reply to the CCA request

 

and also

the defence you filed too on MCOL.

[AndyOrch]

As the court attached a copy of their application (n244) to the Notice of Transfer balina ?

[balina2]

Thanks for your speedy replies

 

There was nothing attached to the Notice of Transfer - it was just a one pager.

 

On the 15th December Shoosmiths sent me a copy of a loan agreement from 2004.

They also sent me a loan statement which shows last payment as 20th August 2010.

 

 

I have no record of these payments leaving my bank account.

They are claiming the payments came via Payplan.

When I contacted Payplan they had no records of this.

 

I still need to dig out my original defence but it was/is essentially that I do not acknowledge nor have acknowledged this debt.

 

Despite their loan statement how do they prove the last payment was August 2010 when I dispute it?

[AndyOrch]

Well you can deal with putting them to strict proof of the phantom payment later into this process...Does the Notice of Transfer refer to further details of the hearing date ?

 

You must contact the court and ask for a copy of their application and any witness statement in support because you will be required to submit your own witness statement in response/objection and this must be filed and served not less than 7 days before the Summary Judgment hearing.

 

Regards

 

Andy

[balina2]

It says the court will contact me directly with notice of the time, date and place of hearing.

 

I have requested those copies from the Court, via email as they are impossible to reach on the phone.

 

Thank you for the advice so far

[AndyOrch]

Excellent ...in the meantime familiarise yourself with the process of Summary Judgment.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24

[balina2]

Hi,

 

I have now received all the court paperwork.

The date is set for October.

 

 

My initial defence was that I disputed ownership of the debt given no paperwork was provided.

Their argument to the court is that as they have now provided paperwork (as I mentioned further up the thread)

that they are entitled to pursue me.

 

Their paperwork claims that the last payment was in August 2010.

I still dispute this though and their paperwork looks reconstituted

(for example it isn't date stamped it says 'it was sent to you on X date'.

 

Do I have any leg to stand on with any of this?

Or are they going to get this through with this paperwork?

 

 

I cannot prove I didn't make a payment in August 2010

as I have no bank statements from back then (and changed banks since)

 

 

I also haven't made any further defence as am unsure what I say on this front

- other than I dispute the validity of the paperwork

and as part of that dispute making a payment in 2010.

 

Any help hugely appreciated

[Old Cogger]

Tell them to prove payment i..e. How paid, by whom, method of payment, by cheques/bank card etc if so account numbers, bank account name etc etc the onus is on them to prove their statement

[shamrocker]

Hi,

 

I have now received all the court paperwork. The date is set for October. My initial defence was that I disputed ownership of the debt given no paperwork was provided. Their argument to the court is that as they have now provided paperwork (as I mentioned further up the thread) that they are entitled to pursue me.

 

Their paperwork claims that the last payment was in August 2010. I still dispute this though and their paperwork looks reconstituted (for example it isn't date stamped it says 'it was sent to you on X date'.

 

Do I have any leg to stand on with any of this? Or are they going to get this through with this paperwork? I cannot prove I didn't make a payment in August 2010 as I have no bank statements from back then (and changed banks since) I also haven't made any further defence as am unsure what I say on this front - other than I dispute the validity of the paperwork and as part of that dispute making a payment in 2010.

 

Any help hugely appreciated

 

Could you scan everything (minus identifiable info) you've received and post it up? It'll give everyone a better idea of the nitty gritty detail that we're dealing with.

[balina2]

Thanks - I don't have access to a scanner until Monday but can do.

 

Should I contact Shoosmiths now and request proof of payment or do I have to file this as part of a defence to the Court?

[AndyOrch]

You should be submitting your witness statement in response and objection to their application/witness statement...see post#41

[balina2]

I have read through that summary judgement link and tried to do more research on this but am still tying myself in knots

 

. If they have a copy of the credit agreement from 2004 and a statement from Egg (which I dispute) showing last payment as August 2010 (which I dispute) then how do I form a defence?

 

I did have an account with Egg back in the early 00's so I don't dispute that

but I do believe this claim is now statute barred

 

I don't believe any payments were made by me in 2010.

So how do I turn that into a formal defence?

And is it likely to stand up?

 

Advice again gratefully received.

[AndyOrch]

When you scan in what you have received with regards their application...we can assist on a suitable witness statement response ...but not until we know what they stated.

[balina2]

I have attached here

 

Thank you for your help

Docs 1.pdf

[AndyOrch]

What comes after their point 19 balina2 ? Page missing?

 

Andy